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...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
NCLAT applied a justice-oriented reading of sufficient cause and condoned a seven-day delay in filing the appeal, accepting that non-communication by earlier counsel and prompt action after learning of the order justified relief. It also treated closure of the right to file reply in Section 9 insolvency proceedings as subject to natural justice and a fair opportunity to defend; where the proposed defence was prima facie substantial and no deliberate negligence was shown, denial of reply would not advance justice. The closure order was set aside, one final opportunity to file the reply was granted, and the merits were left open.
NCLAT applied a justice-oriented reading of sufficient cause and condoned a seven-day delay in filing the appeal, accepting that non-communication by earlier counsel and prompt action after learning of the order justified relief. It also treated closure of the right to file reply in Section 9 insolvency proceedings as subject to natural justice and a fair opportunity to defend; where the proposed defence was prima facie substantial and no deliberate negligence was shown, denial of reply would not advance justice. The closure order was set aside, one final opportunity to file the reply was granted, and the merits were left open.
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