Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Res judicata barred the challenge because it repeated issues already decided against the successful resolution applicant, and the liquidation direction merely carried forward earlier final orders aimed at closure under the insolvency framework. The tribunal held that a post-reservation application for a one-time payment proposal did not create any right to rehearing, and the unilateral restructuring plea was a belated attempt to obstruct liquidation. It also held that regulatory approvals were the applicant's own responsibility under the approved plan; mere pendency of approval requests and repeated non-payment could not justify indefinite delay. Prolonged non-implementation, value erosion and lack of credible performance therefore justified liquidation, and the appeal was dismissed with costs.
Res judicata barred the challenge because it repeated issues already decided against the successful resolution applicant, and the liquidation direction merely carried forward earlier final orders aimed at closure under the insolvency framework. The tribunal held that a post-reservation application for a one-time payment proposal did not create any right to rehearing, and the unilateral restructuring plea was a belated attempt to obstruct liquidation. It also held that regulatory approvals were the applicant's own responsibility under the approved plan; mere pendency of approval requests and repeated non-payment could not justify indefinite delay. Prolonged non-implementation, value erosion and lack of credible performance therefore justified liquidation, and the appeal was dismissed with costs.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4783
Join Channel
TaxTMI 
