Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
The dispute centered on whether a later order merged an earlier interim order, the scope of trustee-like powers vested in a court-constituted committee, and the comparative applicability of regulatory provision versus the Companies (Court) Rules. The court found the 2013 order to be open-ended and contingent, so the doctrine of merger did not apply. It recognised that the three-member committee was vested with trustee-like authority and that termination of the asset management company did not extinguish prior liabilities, leaving statutory authorities free to proceed. The court held Rule 9 preserves inherent court powers distinct from the regulatory provision, and dismissed the appeals.
The dispute centered on whether a later order merged an earlier interim order, the scope of trustee-like powers vested in a court-constituted committee, and the comparative applicability of regulatory provision versus the Companies (Court) Rules. The court found the 2013 order to be open-ended and contingent, so the doctrine of merger did not apply. It recognised that the three-member committee was vested with trustee-like authority and that termination of the asset management company did not extinguish prior liabilities, leaving statutory authorities free to proceed. The court held Rule 9 preserves inherent court powers distinct from the regulatory provision, and dismissed the appeals.
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