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 ...
Demand of KGST when the resolution plan was approved - Jurisdiction and applicability of the Insolvency and Bankruptcy Code (IBC) over statutory dues. The court referenced the Supreme Court's ruling in Ghanasyam Mishra that all claims not part of the resolution plan stand extinguished upon its approval. However, the court also acknowledged the Rainbow Papers judgment, which emphasized that a resolution plan must comply with statutory provisions and cannot ignore statutory dues. The court found that the assessment order did not examine whether the resolution plan met the requirements of Section 30(2) of the IBC.
Demand of KGST when the resolution plan was approved - Jurisdiction and applicability of the Insolvency and Bankruptcy Code (IBC) over statutory dues. The court referenced the Supreme Court's ruling in Ghanasyam Mishra that all claims not part of the resolution plan stand extinguished upon its approval. However, the court also acknowledged the Rainbow Papers judgment, which emphasized that a resolution plan must comply with statutory provisions and cannot ignore statutory dues. The court found that the assessment order did not examine whether the resolution plan met the requirements of Section 30(2) of the IBC.
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