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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Invocation by legal notice was held sufficient to sustain a guarantee invocation application, and the Adjudicating Authority's rejection for lack of a demand notice was quashed. The interim moratorium principle was applied to commence from filing of the guarantee invocation application, so defects alleged by the auction purchaser did not prevent moratorium. Documentary shortfalls (income-tax returns) were found not to render the petition defective, and the petition was reinstated. The Adjudicating Authority was directed to exercise jurisdiction and pass fresh orders under the revival provision without delay.
Invocation by legal notice was held sufficient to sustain a guarantee invocation application, and the Adjudicating Authority's rejection for lack of a demand notice was quashed. The interim moratorium principle was applied to commence from filing of the guarantee invocation application, so defects alleged by the auction purchaser did not prevent moratorium. Documentary shortfalls (income-tax returns) were found not to render the petition defective, and the petition was reinstated. The Adjudicating Authority was directed to exercise jurisdiction and pass fresh orders under the revival provision without delay.
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