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...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Insolvency and BankruptcyFebruary 28, 2024Case LawsAT
Prayer for direction for placing the Settlement Proposal submitted by the Appellant before the CoC for consideration - CoC unanimously decided to reject the proposal -The Adjudicating Authority's role is to ensure that the CoC's decision is not arbitrary. Upon review, it found that the CoC had adequately considered the proposal and made a reasoned decision. Therefore, the Adjudicating Authority upheld the rejection of the Appellant's application. - The National Company Law Appellate Tribunal (NCLAT) dismissed the appeal, finding no error in the Adjudicating Authority's decision to reject the Appellant's application.
Prayer for direction for placing the Settlement Proposal submitted by the Appellant before the CoC for consideration - CoC unanimously decided to reject the proposal -The Adjudicating Authority's role is to ensure that the CoC's decision is not arbitrary. Upon review, it found that the CoC had adequately considered the proposal and made a reasoned decision. Therefore, the Adjudicating Authority upheld the rejection of the Appellant's application. - The National Company Law Appellate Tribunal (NCLAT) dismissed the appeal, finding no error in the Adjudicating Authority's decision to reject the Appellant's application.
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