Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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Whether an arbitral tribunal had jurisdiction to adjudicate a claim after approval of a resolution plan: tribunal found the claim was disclosed as a contingent operational debt in the resolution plan, the CoC and Adjudicating Authority approved the plan under Section 31(1) IBC, and precedent (Electrosteel) holds such approval extinguishes liabilities rendering the tribunal without jurisdiction-impugned arbitral order set aside and proceedings terminated. Whether high court could entertain interference under Articles 226/227: court may interfere only if the arbitral order is perverse or lacks inherent jurisdiction; here that jurisdiction was absent, so petition is allowed. - HC
Whether an arbitral tribunal had jurisdiction to adjudicate a claim after approval of a resolution plan: tribunal found the claim was disclosed as a contingent operational debt in the resolution plan, the CoC and Adjudicating Authority approved the plan under Section 31(1) IBC, and precedent (Electrosteel) holds such approval extinguishes liabilities rendering the tribunal without jurisdiction-impugned arbitral order set aside and proceedings terminated. Whether high court could entertain interference under Articles 226/227: court may interfere only if the arbitral order is perverse or lacks inherent jurisdiction; here that jurisdiction was absent, so petition is allowed. - HC
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