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    October 15, 2026   Case Laws GST
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October 15, 2026   Case Laws GST
Inverted duty structure refunds cover higher-taxed tea packaging inputs, and departmental circulars cannot curtail statutory entitlement.
October 15, 2026   Case Laws GST
Credit notes reducing taxable turnover must be deducted when calculating inverted duty structure refunds for returned or rejected supplies.
October 15, 2026   Case Laws GST
Inverted duty refunds cover higher-taxed ancillary inputs despite common HSN classification of principal inputs and finished goods.
October 15, 2026   Case Laws GST
Show-cause notice limits in GST registration cancellation prevent input tax credit demands through restoration conditions.
October 15, 2026   Case Laws GST
Specified-recipient condition for GST exemption defeats sub-contracted manpower claims where services are supplied to private contractors.
October 15, 2026   Case Laws Income Tax
Transfer pricing turnover filters remain valid comparability criteria where market conditions, assets and risks materially differ.
October 15, 2026   Case Laws Income Tax
Streedhan and documented family withdrawals defeated unexplained jewellery and cash additions during search assessments in full.
October 15, 2026   Case Laws Income Tax
Section 148A Notice Scope Bars Reassessment Additions for Unidentified Loan-Repayment Cash Deposits After Original Deposits Were Dropped
October 15, 2026   Case Laws Income Tax
Recorded Escapement Requirement invalidates reassessment when unrelated share-sale income is added without assessing the recorded underpricing issue.
October 15, 2026   Case Laws Income Tax
Extinguishment of pre-CIRP tax claims can prevent pending income-tax appeals where claims were excluded from insolvency proceedings.
October 15, 2026   Case Laws Customs
Customs classification disputes bypass High Court appeals and must be challenged before the Supreme Court under the statutory appellate route.
October 15, 2026   Case Laws IBC
Insolvency appeal limitation begins on order pronouncement; delayed certified-copy applications cannot extend the absolute filing deadline.
October 15, 2026   Case Laws Money Laundering
Constitutional personal-liberty safeguards limit PMLA twin bail conditions where completed investigations lead to prolonged incarceration before trial.
October 15, 2026   Case Laws Money Laundering
Predicate FIR compromise quashing does not erase proceeds of crime, leaving statutory money-laundering bail standards fully applicable.
October 15, 2026   Case Laws Income Tax
Revisional jurisdiction limits prevent fresh tax claims based on facts not before the Assessing Officer after revised-return deadlines expire.
October 15, 2026   Case Laws Income Tax
Faceless reassessment allocation invalidates jurisdictional officer notices, while retrospective validation cannot override judicial rulings without curing statutory defects.
October 15, 2026   Case Laws Income Tax
Automated airline software subscriptions without human intervention fail technical-services characterisation and do not make available underlying technology.
October 15, 2026   Case Laws Income Tax
Best-judgment profit estimation requires a rational basis in past history or comparable businesses, requiring fresh determination when unsupported.
October 15, 2026   Case Laws Income Tax
Business support recruitment and training receipts qualify for presumptive business taxation, not professional taxation under technical consultancy rules.
October 15, 2026   Case Laws Income Tax
Treaty exemption for foreign permanent-establishment management fees prevailed, while dividend expense disallowance remained limited to an accepted allocation method.

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Home › Highlights › IBC › 2026 › September, 2026 › This
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IBC

Statutory ESI contributions, including amounts deducted from...

Employees' ESI contributions as trust funds remain outside liquidation estates and cannot be distributed as ordinary creditor dues.

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IBC September 28, 2026 Case Laws AT
Statutory ESI contributions, including amounts deducted from employees' wages, are trust funds held by the corporate debtor for statutory beneficiaries and do not beneficially belong to it. Their filing as a Form B claim is procedural and neither changes their trust character nor prevents ESIC from seeking exclusion. These contributions must remain outside the liquidation estate and cannot be distributed through the creditor waterfall as ordinary Government or operational creditor dues. Resolution-plan approval is set aside to the extent it treats qualifying ESI contributions as ordinary dues; the excluded amount must be determined from statutory records.
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