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 ...
NCLAT considered company appeals challenging an order dismissing contempt proceedings arising from an interlocutory order passed under the I&B Code. The Appellate Tribunal held that, under Section 19 of the Contempt of Courts Act, 1971, an appeal lies only from an order or decision of a High Court "to punish for contempt," i.e., an order imposing punishment under Section 12, and not from a mere dismissal of a contempt petition. As the impugned order only rejected the contempt petition without awarding any punishment, it did not qualify as an appealable order under Section 19. NCLAT further noted that the I&B Code does not incorporate the Contempt of Courts Act by reference. Consequently, the company appeals filed by the anonymized appellants against dismissal of contempt were held not maintainable and were dismissed.
NCLAT considered company appeals challenging an order dismissing contempt proceedings arising from an interlocutory order passed under the I&B Code. The Appellate Tribunal held that, under Section 19 of the Contempt of Courts Act, 1971, an appeal lies only from an order or decision of a High Court "to punish for contempt," i.e., an order imposing punishment under Section 12, and not from a mere dismissal of a contempt petition. As the impugned order only rejected the contempt petition without awarding any punishment, it did not qualify as an appealable order under Section 19. NCLAT further noted that the I&B Code does not incorporate the Contempt of Courts Act by reference. Consequently, the company appeals filed by the anonymized appellants against dismissal of contempt were held not maintainable and were dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4800
Join Channel
TaxTMI 
