Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Approved resolution plans extinguish pre-approval statutory dues that were not claimed in the corporate insolvency resolution process and do not form part of the plan. Applying the clean slate principle, the Appellate Tribunal held that unclaimed Income Tax Department dues and other statutory dues existing on the date of approval could not survive against the successful resolution applicant. It also distinguished extinguishment of past dues from affirmative tax relief: any concession, waiver or relief under the Income Tax Act still requires approach to the competent authority, and that condition was upheld.
Approved resolution plans extinguish pre-approval statutory dues that were not claimed in the corporate insolvency resolution process and do not form part of the plan. Applying the clean slate principle, the Appellate Tribunal held that unclaimed Income Tax Department dues and other statutory dues existing on the date of approval could not survive against the successful resolution applicant. It also distinguished extinguishment of past dues from affirmative tax relief: any concession, waiver or relief under the Income Tax Act still requires approach to the competent authority, and that condition was upheld.
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