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...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Whether proceedings could continue against the successful resolution applicant after approval of a resolution plan: relying on Supreme Court precedent that once a resolution plan is approved under Section 31(1) all claims not included in the plan are extinguished, the court held that pending adjudication of such claims cannot be continued; accordingly statutory moratorium's purpose prevents revival of excluded claims and even applications for reinstatement without back wages are barred - consequence: the labour and tribunal proceedings were terminated and impugned orders were quashed, and the petitions were allowed. - HC
Whether proceedings could continue against the successful resolution applicant after approval of a resolution plan: relying on Supreme Court precedent that once a resolution plan is approved under Section 31(1) all claims not included in the plan are extinguished, the court held that pending adjudication of such claims cannot be continued; accordingly statutory moratorium's purpose prevents revival of excluded claims and even applications for reinstatement without back wages are barred - consequence: the labour and tribunal proceedings were terminated and impugned orders were quashed, and the petitions were allowed. - HC
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