Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
NCLAT dismissed the appeal, holding that Cumulative Redeemable Preference Shares (CRPS) do not constitute a debt under Section 7 of the Insolvency Code. The Tribunal found no default as the company neither declared dividends nor earned profits to redeem the preferential shares. The CRPS were determined to be part of preferential share capital, precluding the initiation of insolvency proceedings. The Appellant was barred from presenting additional evidence beyond the share allotment, and the absence of redemption mechanisms or fresh share issue proceeds further negated the claim of an existing debt, resulting in the comprehensive rejection of the Section 7 application.
NCLAT dismissed the appeal, holding that Cumulative Redeemable Preference Shares (CRPS) do not constitute a debt under Section 7 of the Insolvency Code. The Tribunal found no default as the company neither declared dividends nor earned profits to redeem the preferential shares. The CRPS were determined to be part of preferential share capital, precluding the initiation of insolvency proceedings. The Appellant was barred from presenting additional evidence beyond the share allotment, and the absence of redemption mechanisms or fresh share issue proceeds further negated the claim of an existing debt, resulting in the comprehensive rejection of the Section 7 application.
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TaxTMI 
TaxTMI 
of 4915 
