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 ...
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
Execution of a subsisting money decree before the tribunal was held to be governed by Order XXI Rule 11 CPC, which confines the executing forum to modalities of execution, including fixation of instalments. Form NCLT-8, as subordinate legislation, cannot enlarge or override the CPC scheme; in any event, Order XXI Rule 11 permits execution even on an oral application, so a separate formal execution application in Form NCLT-8 is not invariably mandatory. An incorrect statutory reference was held not to vitiate execution proceedings when the relief sought is otherwise legally available. Given the rigid regime for money decrees and the requirement of security for stay under Order XLI Rule 5 CPC (read with Section 424(3) of the Companies Act), the appeal was dismissed - NCLAT
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