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...
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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