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...
Section 42 of the I&B Code was treated as a self-contained limitation provision prescribing the remedy, forum and a fourteen-day period to challenge a liquidator's acceptance or rejection of a claim. The Appellate Tribunal held that Section 238A does not override that special limitation regime or permit extension through Section 5 of the Limitation Act. It further held that pendency of a separate CIRP appeal had no bearing on the Section 42 timeline because the two proceedings operate independently. As the appeal was filed long after receipt of the liquidator's decision, the delay was beyond condonable limits and the plea of ignorance of remedy was rejected.
Section 42 of the I&B Code was treated as a self-contained limitation provision prescribing the remedy, forum and a fourteen-day period to challenge a liquidator's acceptance or rejection of a claim. The Appellate Tribunal held that Section 238A does not override that special limitation regime or permit extension through Section 5 of the Limitation Act. It further held that pendency of a separate CIRP appeal had no bearing on the Section 42 timeline because the two proceedings operate independently. As the appeal was filed long after receipt of the liquidator's decision, the delay was beyond condonable limits and the plea of ignorance of remedy was rejected.
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