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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NCLAT held that the appellant had shown sufficient cause for non-appearance because counsel's absence on the relevant date was supported by the record and appeared genuine, even though an adjournment should have been sought earlier. On that basis, the Tribunal found that the appellant should be given an opportunity to contest the matter. The order rejecting restoration of the petition dismissed for non-prosecution was set aside, and the restoration application was revived and remitted to the Adjudicating Authority for fresh decision after hearing both sides, including the defence regarding absence on 16.05.2025, in accordance with law.
NCLAT held that the appellant had shown sufficient cause for non-appearance because counsel's absence on the relevant date was supported by the record and appeared genuine, even though an adjournment should have been sought earlier. On that basis, the Tribunal found that the appellant should be given an opportunity to contest the matter. The order rejecting restoration of the petition dismissed for non-prosecution was set aside, and the restoration application was revived and remitted to the Adjudicating Authority for fresh decision after hearing both sides, including the defence regarding absence on 16.05.2025, in accordance with law.
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