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...
Procedural incompleteness in an insolvency application should be treated as curable rather than a ground to foreclose the applicant's right to initiate CIRP; the adjudicating authority must assess whether the application satisfies statutory completeness and whether a default exists, and must afford the applicant an opportunity to rectify defects before rejecting. Rejection based solely on an auditor's disclaimer or perceived unreliability of financial statements without permitting supplementation is unsustainable; the matter requires fresh consideration with directions to allow production of missing documents and application of settled admission tests.
Procedural incompleteness in an insolvency application should be treated as curable rather than a ground to foreclose the applicant's right to initiate CIRP; the adjudicating authority must assess whether the application satisfies statutory completeness and whether a default exists, and must afford the applicant an opportunity to rectify defects before rejecting. Rejection based solely on an auditor's disclaimer or perceived unreliability of financial statements without permitting supplementation is unsustainable; the matter requires fresh consideration with directions to allow production of missing documents and application of settled admission tests.
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