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 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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