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...
Insolvency and BankruptcyFebruary 28, 2024Case LawsAT
Initiation of CIRP u/s 9 - time limitation - threshold limit of amount claimed - With respect to 234 invoices, which are payable within 30 days of the invoices, 224 invoices are ex-facie time barred and the remaining 10 invoices do not meet the threshold of Rs.1,00,00,000/-. - The claim of the Operational Creditor that they were having running account and are covered under Article 1 of the Limitation Act cannot be accepted - The NCLAT dismissed the appeal, ruling that the claims of the operational creditor cannot be accepted due to being either time-barred or not meeting the threshold limit.
Initiation of CIRP u/s 9 - time limitation - threshold limit of amount claimed - With respect to 234 invoices, which are payable within 30 days of the invoices, 224 invoices are ex-facie time barred and the remaining 10 invoices do not meet the threshold of Rs.1,00,00,000/-. - The claim of the Operational Creditor that they were having running account and are covered under Article 1 of the Limitation Act cannot be accepted - The NCLAT dismissed the appeal, ruling that the claims of the operational creditor cannot be accepted due to being either time-barred or not meeting the threshold limit.
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