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...
Payments of Rs. 19,66,698.77 made to a related party director within the two year look back period were treated as preferential transactions because the payments reduced the corporate debtor's liability to the related party and could not be excluded by tracing the source of funds. The tribunal held that Regulation 35A timelines are directory, not mandatory, and principles of natural justice were not breached where the adjudicating authority considered the appellant's written objections on merits despite an earlier ex parte notation. The liquidator's investigative power during liquidation to challenge preferential or undervalued transactions validated the challenge; appeals were dismissed.
Payments of Rs. 19,66,698.77 made to a related party director within the two year look back period were treated as preferential transactions because the payments reduced the corporate debtor's liability to the related party and could not be excluded by tracing the source of funds. The tribunal held that Regulation 35A timelines are directory, not mandatory, and principles of natural justice were not breached where the adjudicating authority considered the appellant's written objections on merits despite an earlier ex parte notation. The liquidator's investigative power during liquidation to challenge preferential or undervalued transactions validated the challenge; appeals were dismissed.
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