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 ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Insolvency and BankruptcyApril 16, 2024Case LawsAT
CIRP - Corporate Guarantee and Liability - The Appellate Tribunal acknowledged that the company had issued corporate guarantees to financial institutions. Despite the guarantee not being invoked, the Tribunal emphasized that the liability of the corporate guarantor remains intact. It cited clauses from the Guarantee Deed emphasizing that the rights of lenders against the guarantor remain in force regardless of any arrangements between lenders and other guarantors.
CIRP - Corporate Guarantee and Liability - The Appellate Tribunal acknowledged that the company had issued corporate guarantees to financial institutions. Despite the guarantee not being invoked, the Tribunal emphasized that the liability of the corporate guarantor remains intact. It cited clauses from the Guarantee Deed emphasizing that the rights of lenders against the guarantor remain in force regardless of any arrangements between lenders and other guarantors.
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