Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Amendment of pleadings: the Tribunal upheld the Adjudicating Authority's discretion to permit an amended Form No.1 altering the date of default because amendments or additional documents may be filed before a final order on an insolvency admission application; outcome-liberty to amend was valid and amendment stands. Limitation and prejudice: the Tribunal applied established amendment principles, noting the amended plea remained within limitation and no valuable right of the respondent was lost; outcome-no prejudice shown and reply opportunity sufficed. Procedural exercise of discretion: the authority must assess admission ingredients on pleadings and documents; outcome-matter remitted for merits determination.
Amendment of pleadings: the Tribunal upheld the Adjudicating Authority's discretion to permit an amended Form No.1 altering the date of default because amendments or additional documents may be filed before a final order on an insolvency admission application; outcome-liberty to amend was valid and amendment stands. Limitation and prejudice: the Tribunal applied established amendment principles, noting the amended plea remained within limitation and no valuable right of the respondent was lost; outcome-no prejudice shown and reply opportunity sufficed. Procedural exercise of discretion: the authority must assess admission ingredients on pleadings and documents; outcome-matter remitted for merits determination.
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