Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Where a corporate debtor was sold as a going concern in liquidation, the auction purchaser was held liable for electricity "true-up" charges levied after issuance of the sale certificate, since under the Liquidation Process Regulations the purchaser bears post-sale operational liabilities and "as per law" does not negate such statutory/regulatory dues; reliance on the regulator's order provision to claim absolution was rejected, and the challenge to the levy failed. The appeal challenging observations relating to a contempt petition was held not maintainable because any alleged contempt of the adjudicating authority's order must be examined only by that adjudicating authority, leaving no surviving cause in appeal. - NCLAT
Where a corporate debtor was sold as a going concern in liquidation, the auction purchaser was held liable for electricity "true-up" charges levied after issuance of the sale certificate, since under the Liquidation Process Regulations the purchaser bears post-sale operational liabilities and "as per law" does not negate such statutory/regulatory dues; reliance on the regulator's order provision to claim absolution was rejected, and the challenge to the levy failed. The appeal challenging observations relating to a contempt petition was held not maintainable because any alleged contempt of the adjudicating authority's order must be examined only by that adjudicating authority, leaving no surviving cause in appeal. - NCLAT
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