Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
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Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
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Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
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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