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...
Withdrawal of CIRP before constitution of the CoC had to follow the IBC framework under section 12A and Regulation 30A, with the application made through the IRP and the corporate debtor represented by the IRP after admission of the section 7 petition. The Court noted that notice to the IRP and hearing of the IRP and objecting banks satisfied natural justice, and that the phrase "any person aggrieved" did not expand the class of persons entitled to a separate hearing at the withdrawal stage. It distinguished broader reliance on Glas Trust and found no exceptional breach of natural justice to justify writ intervention, leaving the petitioners to their statutory appeal remedy under the IBC.
Withdrawal of CIRP before constitution of the CoC had to follow the IBC framework under section 12A and Regulation 30A, with the application made through the IRP and the corporate debtor represented by the IRP after admission of the section 7 petition. The Court noted that notice to the IRP and hearing of the IRP and objecting banks satisfied natural justice, and that the phrase "any person aggrieved" did not expand the class of persons entitled to a separate hearing at the withdrawal stage. It distinguished broader reliance on Glas Trust and found no exceptional breach of natural justice to justify writ intervention, leaving the petitioners to their statutory appeal remedy under the IBC.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
