Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Validity of Assessment Order u/s 143(3) once the Resolution Plan is approved under the Code - CIRP proceedings under IBC - The resolution plan approved by the NCLT is binding on all stakeholders, including the central government and any state or local authority. This includes the extinguishment of all claims not part of the resolution plan. The High court found that the tax notices issued for the periods covered by the resolution plan were invalid as they contravened the provisions of the IBC. The resolution plan clearly stated that no proceedings or claims could be initiated for periods prior to its effective date.
Validity of Assessment Order u/s 143(3) once the Resolution Plan is approved under the Code - CIRP proceedings under IBC - The resolution plan approved by the NCLT is binding on all stakeholders, including the central government and any state or local authority. This includes the extinguishment of all claims not part of the resolution plan. The High court found that the tax notices issued for the periods covered by the resolution plan were invalid as they contravened the provisions of the IBC. The resolution plan clearly stated that no proceedings or claims could be initiated for periods prior to its effective date.
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