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    <title>2024 (4) TMI 107 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=750926</link>
    <description>The SC dismissed the plaintiff state&#039;s application for ad-interim injunction against the Central Government&#039;s imposition of Net Borrowing Ceiling restrictions. The court held that the state failed to establish a prima facie case, as it admitted to over-borrowing between FY 2017-18 and 2019-20, and could not demonstrate available fiscal space after adjusting previous over-borrowings. The SC found merit in the Union&#039;s contention that after including off-budget borrowing and past adjustments, the state had exhausted its borrowing limits for FY 2023-24. The court noted that Article 293&#039;s interpretation regarding Central Government&#039;s constitutional power over state borrowing lacked authoritative precedent, preventing acceptance of the state&#039;s restrictive reading at face value. The appeal was disposed of.</description>
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    <pubDate>Mon, 01 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (4) TMI 107 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=750926</link>
      <description>The SC dismissed the plaintiff state&#039;s application for ad-interim injunction against the Central Government&#039;s imposition of Net Borrowing Ceiling restrictions. The court held that the state failed to establish a prima facie case, as it admitted to over-borrowing between FY 2017-18 and 2019-20, and could not demonstrate available fiscal space after adjusting previous over-borrowings. The SC found merit in the Union&#039;s contention that after including off-budget borrowing and past adjustments, the state had exhausted its borrowing limits for FY 2023-24. The court noted that Article 293&#039;s interpretation regarding Central Government&#039;s constitutional power over state borrowing lacked authoritative precedent, preventing acceptance of the state&#039;s restrictive reading at face value. The appeal was disposed of.</description>
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      <pubDate>Mon, 01 Apr 2024 00:00:00 +0530</pubDate>
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