Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
Rebuttable search presumptions and corroboration standards shaped deletion of unsubstantiated additions, while rental income and limited profit estima...
SC held that the buyer's conduct in encashing refund drafts demonstrated unwillingness to perform the agreement to sell. The seller's prior cancellation letter constituted a jurisdictional fact precluding specific performance. The buyer failed to establish readiness and willingness to execute the contract, thereby disentitling herself from the equitable relief. The court emphasized that absent a declaratory challenge to the agreement's termination, the specific performance suit remains non-maintainable. Consequently, the appellant's appeal was allowed, effectively preventing specific performance and upholding the seller's right to cancel the agreement based on the buyer's unequivocal actions.
SC held that the buyer's conduct in encashing refund drafts demonstrated unwillingness to perform the agreement to sell. The seller's prior cancellation letter constituted a jurisdictional fact precluding specific performance. The buyer failed to establish readiness and willingness to execute the contract, thereby disentitling herself from the equitable relief. The court emphasized that absent a declaratory challenge to the agreement's termination, the specific performance suit remains non-maintainable. Consequently, the appellant's appeal was allowed, effectively preventing specific performance and upholding the seller's right to cancel the agreement based on the buyer's unequivocal actions.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
