Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Invocation of the guarantee was held to be a condition precedent to initiating insolvency proceedings against a personal guarantor; contractual terms of the deed govern guarantor liability and were not altered by a subsequent compromise or MoU, so settlement did not remove the need to invoke the guarantee. A demand notice in Form B without prior invocation cannot substitute as invocation; reliance on Rule 7(1) notice was rejected. Because the financial creditor failed to invoke the guarantee before issuing Form B, the Section 95 application was held maintainable only if invocation had occurred and the admission was set aside; appeals allowed.
Invocation of the guarantee was held to be a condition precedent to initiating insolvency proceedings against a personal guarantor; contractual terms of the deed govern guarantor liability and were not altered by a subsequent compromise or MoU, so settlement did not remove the need to invoke the guarantee. A demand notice in Form B without prior invocation cannot substitute as invocation; reliance on Rule 7(1) notice was rejected. Because the financial creditor failed to invoke the guarantee before issuing Form B, the Section 95 application was held maintainable only if invocation had occurred and the admission was set aside; appeals allowed.
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