Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
A writ petition may be entertained despite an alternative remedy where the challenge is to proceedings alleged to be wholly without jurisdiction and barred by the IBC. After approval of a resolution plan, the corporate debtor in new management takes a clean slate, so pre-resolution claims not covered by the plan and collateral civil or revenue proceedings based on them cannot continue without first testing maintainability under the IBC. Interim orders, including those based on lis pendens, are vulnerable if maintainability is not first examined. Courts and authorities must decide maintainability before taking further steps.
A writ petition may be entertained despite an alternative remedy where the challenge is to proceedings alleged to be wholly without jurisdiction and barred by the IBC. After approval of a resolution plan, the corporate debtor in new management takes a clean slate, so pre-resolution claims not covered by the plan and collateral civil or revenue proceedings based on them cannot continue without first testing maintainability under the IBC. Interim orders, including those based on lis pendens, are vulnerable if maintainability is not first examined. Courts and authorities must decide maintainability before taking further steps.
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