Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Reassessment against a deceased assessee: procedural defect mandates fresh reassessment; nonresponsive petitioner may be treated as legal representati...
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Discharge of surety by variation in the principal contract operates prospectively: under Section 133 a surety is discharged only as to transactions subsequent to an unauthorised variance, while Section 139 applies only where the creditor's act or omission is inconsistent with the surety's rights and impairs the surety's eventual remedy. Applying these principles, the sureties guaranteed liability up to the originally sanctioned cash credit limit and are discharged only for excess overdrafts occurring thereafter; there was no impairment of remedy, so Section 139 does not apply and liability remains limited to the sanctioned amount with interest.
Discharge of surety by variation in the principal contract operates prospectively: under Section 133 a surety is discharged only as to transactions subsequent to an unauthorised variance, while Section 139 applies only where the creditor's act or omission is inconsistent with the surety's rights and impairs the surety's eventual remedy. Applying these principles, the sureties guaranteed liability up to the originally sanctioned cash credit limit and are discharged only for excess overdrafts occurring thereafter; there was no impairment of remedy, so Section 139 does not apply and liability remains limited to the sanctioned amount with interest.
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