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...
A High Court found that respondent No.3 was fraudulently incorporated with a name strikingly similar to the petitioner corporate debtor, breaching the prohibition on similar names (Section 4(2)(a)) and Rule 8; the court held the difference of a single letter and shared addresses, domain use and replicated letterhead demonstrated bad faith, and cancelled respondent No.3's registration. The court directed respondent No.4 (bank) to remit the account balance of the fraudulently incorporated entity to the petitioner's liquidation account. Directions for inquiry, penalties and compensation against respondent No.1 were reserved with liberty to file additional affidavits.
A High Court found that respondent No.3 was fraudulently incorporated with a name strikingly similar to the petitioner corporate debtor, breaching the prohibition on similar names (Section 4(2)(a)) and Rule 8; the court held the difference of a single letter and shared addresses, domain use and replicated letterhead demonstrated bad faith, and cancelled respondent No.3's registration. The court directed respondent No.4 (bank) to remit the account balance of the fraudulently incorporated entity to the petitioner's liquidation account. Directions for inquiry, penalties and compensation against respondent No.1 were reserved with liberty to file additional affidavits.
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