Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Insolvency and BankruptcyMarch 19, 2024Case LawsAT
Maintainability of appeal - time limitation - Whether appeals filed without certified copies of the impugned orders, due to delays in obtaining them? - The Tribunal considered the mandatory requirement of annexing certified copies with appeals, as stipulated in its rules, against the backdrop of Supreme Court decisions emphasizing procedural law as a means to aid justice rather than hinder it. The NCLAT granted exemptions for filing certified copies in ten appeals where such applications were made, recognizing the Tribunal's power to exempt compliance with procedural requirements for substantial justice. However, it dismissed three appeals where no exemption applications were filed, reinforcing the necessity of following prescribed procedural norms.
Maintainability of appeal - time limitation - Whether appeals filed without certified copies of the impugned orders, due to delays in obtaining them? - The Tribunal considered the mandatory requirement of annexing certified copies with appeals, as stipulated in its rules, against the backdrop of Supreme Court decisions emphasizing procedural law as a means to aid justice rather than hinder it. The NCLAT granted exemptions for filing certified copies in ten appeals where such applications were made, recognizing the Tribunal's power to exempt compliance with procedural requirements for substantial justice. However, it dismissed three appeals where no exemption applications were filed, reinforcing the necessity of following prescribed procedural norms.
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