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Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
NCLAT held that the NCLT committed a manifest illegality by declining release of Flat No. 2402 in "Mantri Pinnacle", Bengaluru, to the successful resolution applicant (SRA) solely on the basis of an interim order of the SC, without first determining whether the said flat was actually covered by the ED's provisional attachment order. NCLT improperly shifted the burden to the enforcement authority by granting liberty to the SRA to approach it, instead of adjudicating the specific issue of attachment. NCLAT set aside the impugned order and remanded the matter to NCLT to reconsider the application afresh, ascertain the attachment status of the property, and pass appropriate orders in accordance with law after granting due hearing to all parties.
NCLAT held that the NCLT committed a manifest illegality by declining release of Flat No. 2402 in "Mantri Pinnacle", Bengaluru, to the successful resolution applicant (SRA) solely on the basis of an interim order of the SC, without first determining whether the said flat was actually covered by the ED's provisional attachment order. NCLT improperly shifted the burden to the enforcement authority by granting liberty to the SRA to approach it, instead of adjudicating the specific issue of attachment. NCLAT set aside the impugned order and remanded the matter to NCLT to reconsider the application afresh, ascertain the attachment status of the property, and pass appropriate orders in accordance with law after granting due hearing to all parties.
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