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...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Rule 48(2) of the NCLT Rules governs restoration of a petition dismissed for non-appearance and requires an application within thirty days on showing sufficient cause. The NCLAT held that a restoration request filed about five months after dismissal for non-prosecution was time-barred and could not be saved by inherent powers under Rule 11 or the general power to extend time under Rule 15, because those powers cannot override an express procedural mandate. It also found no sufficient cause for condonation, noting repeated absence, prolonged non-prosecution and inadequate vigilance despite reliance on counsel's lapse. The rejection of restoration was upheld.
Rule 48(2) of the NCLT Rules governs restoration of a petition dismissed for non-appearance and requires an application within thirty days on showing sufficient cause. The NCLAT held that a restoration request filed about five months after dismissal for non-prosecution was time-barred and could not be saved by inherent powers under Rule 11 or the general power to extend time under Rule 15, because those powers cannot override an express procedural mandate. It also found no sufficient cause for condonation, noting repeated absence, prolonged non-prosecution and inadequate vigilance despite reliance on counsel's lapse. The rejection of restoration was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4823 
Join Channel 
