Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
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Insolvency and BankruptcyAugust 24, 2024Case LawsAT
The Appellate Tribunal examined the denial of natural justice to the Appellant by the Adjudicating Authority, the invocation of the Deed of Guarantee circumscribed by the Put Option Agreement, and the Appellant's entitlement to object to the Assignment Agreement between the original lender and the Respondent. The Tribunal held that the Adjudicating Authority did not commit any error in reserving the matter for orders due to the stringent timelines under the IBC. The Deed of Guarantee is an independent contract, and the Appellant was obligated to honor it upon the Corporate Debtor's failure to repay the debt. The Assignment Agreement validly substituted the Respondent in place of the original lender, and the Appellant had no locus to challenge it. The Tribunal dismissed the appeal, finding no error in admitting the Section 95 application against the Appellant.
The Appellate Tribunal examined the denial of natural justice to the Appellant by the Adjudicating Authority, the invocation of the Deed of Guarantee circumscribed by the Put Option Agreement, and the Appellant's entitlement to object to the Assignment Agreement between the original lender and the Respondent. The Tribunal held that the Adjudicating Authority did not commit any error in reserving the matter for orders due to the stringent timelines under the IBC. The Deed of Guarantee is an independent contract, and the Appellant was obligated to honor it upon the Corporate Debtor's failure to repay the debt. The Assignment Agreement validly substituted the Respondent in place of the original lender, and the Appellant had no locus to challenge it. The Tribunal dismissed the appeal, finding no error in admitting the Section 95 application against the Appellant.
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