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 ...
The NCLAT allowed the company appeal, quashed the impugned NCLT order and remitted the petition to the NCLT, Hyderabad Bench for fresh adjudication. The Tribunal concluded that proceedings under ss. 241, 242, 213 and 119 of the Companies Act, 2013 read with Rr. 11, 23 and 43 of the NCLT Rules, 2016 were vitiated by denial of an effective opportunity of hearing, breaching principles of natural justice. Because the Respondents conceded the defect, the matter is returned for reconsideration solely on its merits based on the material on record, and no determination on substance was made by the NCLAT.
The NCLAT allowed the company appeal, quashed the impugned NCLT order and remitted the petition to the NCLT, Hyderabad Bench for fresh adjudication. The Tribunal concluded that proceedings under ss. 241, 242, 213 and 119 of the Companies Act, 2013 read with Rr. 11, 23 and 43 of the NCLT Rules, 2016 were vitiated by denial of an effective opportunity of hearing, breaching principles of natural justice. Because the Respondents conceded the defect, the matter is returned for reconsideration solely on its merits based on the material on record, and no determination on substance was made by the NCLAT.
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