CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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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