Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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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