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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
Moratorium breaches involving sale of mortgaged property and withdrawals from a corporate debtor's funds may warrant restoration to preserve the insolvency estate during CIRP. The notes state that the Adjudicating Authority's residuary jurisdiction extends to consequential directions required to protect and restore estate assets, independently of a finding of fraudulent or wrongful trading. Relief depends on the nature of the restoration sought, and unsupported claims that withdrawals were authorised do not displace the statutory moratorium and management-transfer framework. A direction to restore funds to the corporate debtor's account is described as valid consequential relief. A reference for action under an omitted provision concerning moratorium contravention is stated to be infructuous.
Moratorium breaches involving sale of mortgaged property and withdrawals from a corporate debtor's funds may warrant restoration to preserve the insolvency estate during CIRP. The notes state that the Adjudicating Authority's residuary jurisdiction extends to consequential directions required to protect and restore estate assets, independently of a finding of fraudulent or wrongful trading. Relief depends on the nature of the restoration sought, and unsupported claims that withdrawals were authorised do not displace the statutory moratorium and management-transfer framework. A direction to restore funds to the corporate debtor's account is described as valid consequential relief. A reference for action under an omitted provision concerning moratorium contravention is stated to be infructuous.
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