Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Approval of a scheme of arrangement was sustained where creditor majorities in value and number approved the compromise; the challenger lacked the statutory voting threshold and therefore had no locus to contest the scheme, resulting in dismissal of the appeal. The tribunal reasoned that a duly sanctioned compromise is binding on all stakeholders under the Companies Act, and the scheme limited entitlements to a defined class of creditors without purporting to exercise criminal or civil court powers; accordingly statutory rights under other Acts were not displaced. Prior authority supporting threshold-based locus and examination of MPID-related concerns were noted but did not alter the result.
Approval of a scheme of arrangement was sustained where creditor majorities in value and number approved the compromise; the challenger lacked the statutory voting threshold and therefore had no locus to contest the scheme, resulting in dismissal of the appeal. The tribunal reasoned that a duly sanctioned compromise is binding on all stakeholders under the Companies Act, and the scheme limited entitlements to a defined class of creditors without purporting to exercise criminal or civil court powers; accordingly statutory rights under other Acts were not displaced. Prior authority supporting threshold-based locus and examination of MPID-related concerns were noted but did not alter the result.
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