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 BankruptcyMarch 21, 2024Case LawsAT
Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was deemed crucial and prejudicial to the proceedings. Despite directions from the adjudicating authority, necessary applications for impleadment were not filed. - The failure to include the successful auction purchaser as a respondent deprived them of the opportunity to present objections or responses, violating principles of natural justice. - The direction for a fresh e-auction process was set aside due to the aforementioned procedural irregularities and lack of fairness.
Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was deemed crucial and prejudicial to the proceedings. Despite directions from the adjudicating authority, necessary applications for impleadment were not filed. - The failure to include the successful auction purchaser as a respondent deprived them of the opportunity to present objections or responses, violating principles of natural justice. - The direction for a fresh e-auction process was set aside due to the aforementioned procedural irregularities and lack of fairness.
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