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...
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An insolvency application filed in the name of a company that had already amalgamated and ceased to exist was held not maintainable because the applicant lacked any subsisting juristic existence on the date of institution. The earlier scheme approving amalgamation had dissolved the transferor company without winding up, and a later order on the effective date did not revive juristic status in the name used for the Section 9 filing. In the absence of material showing that the named applicant continued in law when proceedings were initiated, dismissal of the company petition as not maintainable was affirmed.
An insolvency application filed in the name of a company that had already amalgamated and ceased to exist was held not maintainable because the applicant lacked any subsisting juristic existence on the date of institution. The earlier scheme approving amalgamation had dissolved the transferor company without winding up, and a later order on the effective date did not revive juristic status in the name used for the Section 9 filing. In the absence of material showing that the named applicant continued in law when proceedings were initiated, dismissal of the company petition as not maintainable was affirmed.
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