Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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...
Homebuyers voting as a class through their authorised representative bound all class members, so individual dissenters could not unsettle a resolution plan that had already been validly approved and finally rejected in earlier challenge. The Court also held that the corporate veil could be lifted in CIRP where wholly owned or controlled subsidiaries functioned only as fronts for the holding company's integrated project activity; the leased project assets were therefore not outside the insolvency process. GNIDA was held disentitled to recover penal interest, penal charges and time-extension penalties because of its own delay and inaction, but it remained entitled to recalculated principal dues only, payable by the successful resolution applicants without interest during the payment period.
Homebuyers voting as a class through their authorised representative bound all class members, so individual dissenters could not unsettle a resolution plan that had already been validly approved and finally rejected in earlier challenge. The Court also held that the corporate veil could be lifted in CIRP where wholly owned or controlled subsidiaries functioned only as fronts for the holding company's integrated project activity; the leased project assets were therefore not outside the insolvency process. GNIDA was held disentitled to recover penal interest, penal charges and time-extension penalties because of its own delay and inaction, but it remained entitled to recalculated principal dues only, payable by the successful resolution applicants without interest during the payment period.
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