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...
Once a resolution plan is approved under the IBC, only claims included in that plan survive; all other pre-CIRP claims stand extinguished by operation of law. That principle applies to contractual claims arising before commencement of CIRP, which must be lodged in the insolvency process rather than pursued separately. On that basis, post-approval arbitration over claims not forming part of the approved plan is without jurisdiction, and any award on such extinguished claims is unsustainable. The text notes that the award was set aside because the respondent's pre-CIRP arbitral claims were not shown to be part of the approved resolution plan.
Once a resolution plan is approved under the IBC, only claims included in that plan survive; all other pre-CIRP claims stand extinguished by operation of law. That principle applies to contractual claims arising before commencement of CIRP, which must be lodged in the insolvency process rather than pursued separately. On that basis, post-approval arbitration over claims not forming part of the approved plan is without jurisdiction, and any award on such extinguished claims is unsustainable. The text notes that the award was set aside because the respondent's pre-CIRP arbitral claims were not shown to be part of the approved resolution plan.
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