Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
The Lease Deed dated 24.09.2007 was held unenforceable because it was not executed by persons shown to be authorised to bind the purported grantors and because the Corporate Debtor failed to prove payment of the upfront consideration and lease rent; absence of bank debits and other admissible evidence defeated the claimed transfer of leasehold rights. The Adjudicating Authority may determine whether a claimed asset belongs to the Corporate Debtor and declare documents void or unenforceable, but it cannot conduct full trials on allegations of fraud or forgery; on these bases the disputed land and plant were excluded from the insolvency estate and the appeals dismissed.
The Lease Deed dated 24.09.2007 was held unenforceable because it was not executed by persons shown to be authorised to bind the purported grantors and because the Corporate Debtor failed to prove payment of the upfront consideration and lease rent; absence of bank debits and other admissible evidence defeated the claimed transfer of leasehold rights. The Adjudicating Authority may determine whether a claimed asset belongs to the Corporate Debtor and declare documents void or unenforceable, but it cannot conduct full trials on allegations of fraud or forgery; on these bases the disputed land and plant were excluded from the insolvency estate and the appeals dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
