Time Relevance of Expense: commission deductible when incurred; restructuring transfers, lease obligations upheld; unenforceable sale agreement bars l...
Abuse of dominant position allegations against an exchange found not prima facie; regulator reliance on sectoral expertise upheld and no investigation...
Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and s...
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Tax liability arising during CIRP was not extinguished by the approved resolution plan, because the plan showed awareness of pending tax compliances, the NCLT did not grant a blanket waiver of statutory dues, and reliefs were left to the appropriate forum. The Court held that the clean slate principle and the Supreme Court rulings in Essar Steel and Ghanashyam Mishra applied to pre-CIRP dues, not liabilities incurred during CIRP; the reassessment challenge therefore failed. On delayed return filing and carry forward of losses, the petitioner was required to seek condonation under the statutory mechanism, including CBDT action under section 119(2)(b), and could not obtain such relief in writ proceedings. The writ petition was dismissed.
Tax liability arising during CIRP was not extinguished by the approved resolution plan, because the plan showed awareness of pending tax compliances, the NCLT did not grant a blanket waiver of statutory dues, and reliefs were left to the appropriate forum. The Court held that the clean slate principle and the Supreme Court rulings in Essar Steel and Ghanashyam Mishra applied to pre-CIRP dues, not liabilities incurred during CIRP; the reassessment challenge therefore failed. On delayed return filing and carry forward of losses, the petitioner was required to seek condonation under the statutory mechanism, including CBDT action under section 119(2)(b), and could not obtain such relief in writ proceedings. The writ petition was dismissed.
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