Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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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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