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...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Territorial jurisdiction under Article 226(2) was not made out for a writ challenging NCLT, Delhi proceedings initiating personal insolvency against a guarantor. The relevant cause of action arose from proceedings under the Insolvency and Bankruptcy Code, and Section 60 placed the Adjudicating Authority in the NCLT having jurisdiction over the corporate person's registered office. As that office was in New Delhi, the fact that the credit facility had been availed in Kerala did not confer jurisdiction on the Kerala High Court. The writ petition was dismissed as not maintainable for want of territorial jurisdiction, and the alternate-remedy objection was left unexamined.
Territorial jurisdiction under Article 226(2) was not made out for a writ challenging NCLT, Delhi proceedings initiating personal insolvency against a guarantor. The relevant cause of action arose from proceedings under the Insolvency and Bankruptcy Code, and Section 60 placed the Adjudicating Authority in the NCLT having jurisdiction over the corporate person's registered office. As that office was in New Delhi, the fact that the credit facility had been availed in Kerala did not confer jurisdiction on the Kerala High Court. The writ petition was dismissed as not maintainable for want of territorial jurisdiction, and the alternate-remedy objection was left unexamined.
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