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...
Costs cannot be imposed on a litigant for counsel's lapse where the record shows no lack of diligence by the litigant himself. The NCLAT applied the settled principle that a party should not suffer for the slackness or dereliction of the advocate representing him and found that the failure to press an application or properly marshal documents was attributable to counsel, not the appellant. It also noted that the impugned order did not disclose any basis for quantifying the costs. The costs direction was therefore set aside, while the appellant was required to participate diligently in the remaining proceedings and the main company petition was directed to be disposed of expeditiously.
Costs cannot be imposed on a litigant for counsel's lapse where the record shows no lack of diligence by the litigant himself. The NCLAT applied the settled principle that a party should not suffer for the slackness or dereliction of the advocate representing him and found that the failure to press an application or properly marshal documents was attributable to counsel, not the appellant. It also noted that the impugned order did not disclose any basis for quantifying the costs. The costs direction was therefore set aside, while the appellant was required to participate diligently in the remaining proceedings and the main company petition was directed to be disposed of expeditiously.
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