Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not automatic. An erstwhile director's locus is limited once the winding-up order is made and the Official Liquidator has taken charge, so no representative right over the company in liquidation can be claimed. A transfer request filed years after the winding-up order was found vitiated by delay, acquiescence, and lack of bona fides. Given the mature stage of liquidation, pending Official Liquidator proceedings, and no demonstrated benefit to creditors or revival, the prayer for transfer was declined and the winding-up petition was directed to continue before the High Court.
Transfer of pending winding-up proceedings to the NCLT under the fifth proviso to Section 434(1)(c) is discretionary, not automatic. An erstwhile director's locus is limited once the winding-up order is made and the Official Liquidator has taken charge, so no representative right over the company in liquidation can be claimed. A transfer request filed years after the winding-up order was found vitiated by delay, acquiescence, and lack of bona fides. Given the mature stage of liquidation, pending Official Liquidator proceedings, and no demonstrated benefit to creditors or revival, the prayer for transfer was declined and the winding-up petition was directed to continue before the High Court.
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