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...
Insolvency and BankruptcyOctober 4, 2022Case LawsAT
Approval of Resolution Plan - Whether the CoC and Adjudicating Authority discriminated the Operational Creditors from Financial Creditor - once the plan was approved by CoC in its commercial wisdom, the Adjudicating Authority cannot interfere with such decision taken by the CoC, unless the plan is contrary to any of the provisions of IBC or any other law. It is not the case of the Appellant that in approved is against any of the provisions of the IBC or and any other, but, pleaded only discrimination. - AT
Approval of Resolution Plan - Whether the CoC and Adjudicating Authority discriminated the Operational Creditors from Financial Creditor - once the plan was approved by CoC in its commercial wisdom, the Adjudicating Authority cannot interfere with such decision taken by the CoC, unless the plan is contrary to any of the provisions of IBC or any other law. It is not the case of the Appellant that in approved is against any of the provisions of the IBC or and any other, but, pleaded only discrimination. - AT
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