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...
Initiation of the Corporate Insolvency Resolution Process is permissible despite pending Company Court proceedings where statutory timelines for a Scheme of Arrangement were missed; the Rules of 2016 required transfer of unresolved second-motion proceedings to the Tribunal, and a belated unacted application is incompetent and should have been transferred. The Insolvency and Bankruptcy Code prevails over inconsistent provisions of the Companies Act, permitting CIRP priority and appointment and powers of an Interim Resolution Professional during moratorium. A scheme or compromise may still be considered within an IBC proceeding at the appropriate stage; the appellate order was set aside and the Tribunal's CIRP direction restored.
Initiation of the Corporate Insolvency Resolution Process is permissible despite pending Company Court proceedings where statutory timelines for a Scheme of Arrangement were missed; the Rules of 2016 required transfer of unresolved second-motion proceedings to the Tribunal, and a belated unacted application is incompetent and should have been transferred. The Insolvency and Bankruptcy Code prevails over inconsistent provisions of the Companies Act, permitting CIRP priority and appointment and powers of an Interim Resolution Professional during moratorium. A scheme or compromise may still be considered within an IBC proceeding at the appropriate stage; the appellate order was set aside and the Tribunal's CIRP direction restored.
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