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 ...
Insolvency and BankruptcyDecember 9, 2022Case LawsAT
Validity of order of NCLT giving direction to pay the dues to the ‘Corporate Debtor’ - In the absence of any concrete evidence on record that the amounts were indeed transferred to the Sister Concern, nor any acceptance letter by the Corporate Debtor, agreeing to such transfer, and also having regard to the fact that there is no denial by the Appellant herein with respect to the actual transactions, having been executed, we do not see any illegality or infirmity in the Impugned Order. - AT
Validity of order of NCLT giving direction to pay the dues to the ‘Corporate Debtor’ - In the absence of any concrete evidence on record that the amounts were indeed transferred to the Sister Concern, nor any acceptance letter by the Corporate Debtor, agreeing to such transfer, and also having regard to the fact that there is no denial by the Appellant herein with respect to the actual transactions, having been executed, we do not see any illegality or infirmity in the Impugned Order. - AT
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