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...
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Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Insolvency and BankruptcyMarch 23, 2024Case LawsAT
Dismissal of Section 9 petition - initiation of CIRP - Dues of employees - The NCLAT examined the employment tenure of the appellant and found evidence supporting continuous employment with the corporate debtor until resignation. It rejected the respondent's argument regarding employment with another entity. - NCLAT found that the respondent had disputed the appellant's claims prior to the section 9 application, indicating a pre-existing dispute. Thus, the court deemed the application inadmissible based on the principles established in the Mobilox judgment.
Dismissal of Section 9 petition - initiation of CIRP - Dues of employees - The NCLAT examined the employment tenure of the appellant and found evidence supporting continuous employment with the corporate debtor until resignation. It rejected the respondent's argument regarding employment with another entity. - NCLAT found that the respondent had disputed the appellant's claims prior to the section 9 application, indicating a pre-existing dispute. Thus, the court deemed the application inadmissible based on the principles established in the Mobilox judgment.
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