Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
An NCLAT order was set aside where the Adjudicating Authority directed release of charge over the entire land and implementation of a resolution plan without hearing affected parties, without recording reasons, and without considering a subsisting interim order of the Appellate Tribunal. The Tribunal held that judicial propriety required the earlier status quo order to be taken into account, and that passing directions at the first hearing without objections, fair hearing, or application of mind breached audi alteram partem and natural justice. The impugned directions were quashed, and the matter was remitted for fresh consideration, if necessary, after accounting for the interim order.
An NCLAT order was set aside where the Adjudicating Authority directed release of charge over the entire land and implementation of a resolution plan without hearing affected parties, without recording reasons, and without considering a subsisting interim order of the Appellate Tribunal. The Tribunal held that judicial propriety required the earlier status quo order to be taken into account, and that passing directions at the first hearing without objections, fair hearing, or application of mind breached audi alteram partem and natural justice. The impugned directions were quashed, and the matter was remitted for fresh consideration, if necessary, after accounting for the interim order.
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