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...
Related party status, guarantee claim limits and security-interest restrictions determined the treatment of the appellant's CIRP claim. The tribunal found related party status on the basis of step-down subsidiary control, and treated prior BIFR status as irrelevant. It upheld rejection of the HSBC-related secured claim because the payer/guarantor had no assignable debt. A non-resident could not acquire security in the corporate debtor's immovable property without RBI permission under FERA, so secured-creditor status was denied for that asset class. The admitted guarantee claim was confined to the amount actually paid, and post-facto RBI approval could not enlarge it. Approval of the resolution plan and CoC distribution mechanism was sustained.
Related party status, guarantee claim limits and security-interest restrictions determined the treatment of the appellant's CIRP claim. The tribunal found related party status on the basis of step-down subsidiary control, and treated prior BIFR status as irrelevant. It upheld rejection of the HSBC-related secured claim because the payer/guarantor had no assignable debt. A non-resident could not acquire security in the corporate debtor's immovable property without RBI permission under FERA, so secured-creditor status was denied for that asset class. The admitted guarantee claim was confined to the amount actually paid, and post-facto RBI approval could not enlarge it. Approval of the resolution plan and CoC distribution mechanism was sustained.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
