Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
Provident-fund and gratuity dues are excluded from the liquidation estate and cannot be distributed through the insolvency waterfall; a successful resolution applicant must discharge those dues, including statutory interest on arrears. Statutory interest compensates delayed contributions, whereas damages for delay are penal in nature. The expression "may recover" in Section 14B raises whether the authorised officer may decline to impose damages in extenuating circumstances, despite no requirement of mens rea or actus reus; that issue stands referred to a larger Bench. A successful resolution applicant may seek Central Board reduction or waiver of damages, treating resolution-plan implementation as comparable to rehabilitation.
Provident-fund and gratuity dues are excluded from the liquidation estate and cannot be distributed through the insolvency waterfall; a successful resolution applicant must discharge those dues, including statutory interest on arrears. Statutory interest compensates delayed contributions, whereas damages for delay are penal in nature. The expression "may recover" in Section 14B raises whether the authorised officer may decline to impose damages in extenuating circumstances, despite no requirement of mens rea or actus reus; that issue stands referred to a larger Bench. A successful resolution applicant may seek Central Board reduction or waiver of damages, treating resolution-plan implementation as comparable to rehabilitation.
Note: It is a system-generated summary and is for quick reference only.
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