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 ...
Admission of a Section 7 insolvency application may be deferred only where relevant facts justify restraint, including the amount awarded, the wider debt position, and the corporate debtor's financial health and viability. Applying Vidarbha Industries Power Ltd., the Appellate Tribunal noted that the debt extended to consortium lenders, the execution claim was far below the admitted consortium debt, and the corporate debtor was only a project SPV with no independent business or income and no financial viability after takeover of the project. On those facts, the arbitral award in favour of the corporate debtor did not justify refusal or deferral of CIRP admission, and the Section 7 admission was upheld.
Admission of a Section 7 insolvency application may be deferred only where relevant facts justify restraint, including the amount awarded, the wider debt position, and the corporate debtor's financial health and viability. Applying Vidarbha Industries Power Ltd., the Appellate Tribunal noted that the debt extended to consortium lenders, the execution claim was far below the admitted consortium debt, and the corporate debtor was only a project SPV with no independent business or income and no financial viability after takeover of the project. On those facts, the arbitral award in favour of the corporate debtor did not justify refusal or deferral of CIRP admission, and the Section 7 admission was upheld.
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