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...
Section 7 insolvency adjudication is confined to determining the existence of financial debt, default and completeness of the application. A proposed compromise scheme, settlement discussions or anticipated commercial hardship do not require deferral of admission unless the proposal has become legally binding or otherwise displaces the default. A pending counterclaim in separate recovery proceedings, without a determination favouring the corporate debtor, does not negate established debt and default. Natural justice requires a fair and reasonable opportunity to present the case, but does not entitle a participating party to unlimited adjournments after repeated opportunities. CIRP remains a resolution process rather than liquidation.
Section 7 insolvency adjudication is confined to determining the existence of financial debt, default and completeness of the application. A proposed compromise scheme, settlement discussions or anticipated commercial hardship do not require deferral of admission unless the proposal has become legally binding or otherwise displaces the default. A pending counterclaim in separate recovery proceedings, without a determination favouring the corporate debtor, does not negate established debt and default. Natural justice requires a fair and reasonable opportunity to present the case, but does not entitle a participating party to unlimited adjournments after repeated opportunities. CIRP remains a resolution process rather than liquidation.
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