Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Section 32A of the Insolvency and Bankruptcy Code protected the corporate debtor from prosecution for offences committed before commencement of CIRP once the resolution plan was approved and management passed to a new, unconnected dispensation. The alleged environmental contraventions were attributed to the erstwhile management, so continuation of the criminal case against the corporate debtor was contrary to the clean slate objective and legally unsustainable. The Court also noted that offences under Section 15 of the Environment (Protection) Act had been decriminalised by the Jan Vishwas (Amendment of Provisions) Act, 2023, replacing imprisonment with civil penalty, and held that this subsequent beneficial change furnished an additional ground to terminate the prosecution.
Section 32A of the Insolvency and Bankruptcy Code protected the corporate debtor from prosecution for offences committed before commencement of CIRP once the resolution plan was approved and management passed to a new, unconnected dispensation. The alleged environmental contraventions were attributed to the erstwhile management, so continuation of the criminal case against the corporate debtor was contrary to the clean slate objective and legally unsustainable. The Court also noted that offences under Section 15 of the Environment (Protection) Act had been decriminalised by the Jan Vishwas (Amendment of Provisions) Act, 2023, replacing imprisonment with civil penalty, and held that this subsequent beneficial change furnished an additional ground to terminate the prosecution.
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