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Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
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Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Insolvency and BankruptcyMarch 26, 2024Case LawsAT
CIRP - Seeking a direction to admit the claim of the Appellant as Financial Creditor - The Tribunal found that the possession of the units had indeed been handed over to the appellant on a specified date, as evidenced by a letter signed by the appellant themselves, albeit under protest. This fact was crucial in determining the validity of the appellant's claim. - Despite the appellant's arguments regarding the absence of an occupancy certificate, the Tribunal noted that partial completion certificates had been issued, indicating progress in the completion of the commercial complex. - The NCLAT upheld the decision of the adjudicating authority to reject the appellant's application seeking direction to admit their claim.
CIRP - Seeking a direction to admit the claim of the Appellant as Financial Creditor - The Tribunal found that the possession of the units had indeed been handed over to the appellant on a specified date, as evidenced by a letter signed by the appellant themselves, albeit under protest. This fact was crucial in determining the validity of the appellant's claim. - Despite the appellant's arguments regarding the absence of an occupancy certificate, the Tribunal noted that partial completion certificates had been issued, indicating progress in the completion of the commercial complex. - The NCLAT upheld the decision of the adjudicating authority to reject the appellant's application seeking direction to admit their claim.
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