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 ...
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Insolvency and BankruptcyMarch 27, 2024Case LawsAT
Objection to Resolution Plan submitted - categorization of the Appellant as ‘affected’ homebuyer - The Tribunal upheld the classification of homebuyers into 'affected' and 'unaffected' categories, agreeing with the rationale and justification provided for the different treatment of these groups. It also referenced its previous judgment affirming this classification. - The Tribunal found that the requirement for an NOC from LICHFL was valid and necessary. - The NCLAT noted the overwhelming approval of the Resolution Plan by the Committee of Creditors (CoC), including the majority of homebuyers, and found no grounds to challenge the Plan's approval.
Objection to Resolution Plan submitted - categorization of the Appellant as ‘affected’ homebuyer - The Tribunal upheld the classification of homebuyers into 'affected' and 'unaffected' categories, agreeing with the rationale and justification provided for the different treatment of these groups. It also referenced its previous judgment affirming this classification. - The Tribunal found that the requirement for an NOC from LICHFL was valid and necessary. - The NCLAT noted the overwhelming approval of the Resolution Plan by the Committee of Creditors (CoC), including the majority of homebuyers, and found no grounds to challenge the Plan's approval.
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