Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
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A prior Section 95 application had already triggered the statutory interim moratorium, so a later personal insolvency application filed during that subsisting moratorium was non-est in law and could not create a fresh Section 96 bar. On that basis, the creditor's second application was maintainable and its admission was upheld. The personal guarantor also remained liable because the guarantee was a continuing one, expressly unaffected by any change in the constitution of the borrowers, and the liability was co-extensive with the principal borrowers until full repayment. The plea that the change in borrower entity discharged the guarantor was rejected.
A prior Section 95 application had already triggered the statutory interim moratorium, so a later personal insolvency application filed during that subsisting moratorium was non-est in law and could not create a fresh Section 96 bar. On that basis, the creditor's second application was maintainable and its admission was upheld. The personal guarantor also remained liable because the guarantee was a continuing one, expressly unaffected by any change in the constitution of the borrowers, and the liability was co-extensive with the principal borrowers until full repayment. The plea that the change in borrower entity discharged the guarantor was rejected.
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