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...
Leasehold and project-operation rights held by a corporate debtor under BOT concession arrangements may form part of the liquidation estate and be sold as going-concern assets, even though land ownership remains with the counterparty. The sale transfers only the debtor's existing bundle of rights and does not confer superior rights on the purchaser. Pre-existing BOT rights, including the obligation to transfer the facility at the end of the concession term, remain protected and bind the purchaser. A liquidation sale may extinguish the debtor's liabilities after statutory distribution, but cannot transfer another party's equity interest. Completion of the sale process may be recorded subject to pending litigation where no challenge to the sale itself is made.
Leasehold and project-operation rights held by a corporate debtor under BOT concession arrangements may form part of the liquidation estate and be sold as going-concern assets, even though land ownership remains with the counterparty. The sale transfers only the debtor's existing bundle of rights and does not confer superior rights on the purchaser. Pre-existing BOT rights, including the obligation to transfer the facility at the end of the concession term, remain protected and bind the purchaser. A liquidation sale may extinguish the debtor's liabilities after statutory distribution, but cannot transfer another party's equity interest. Completion of the sale process may be recorded subject to pending litigation where no challenge to the sale itself is made.
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