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...
Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
The NCLAT rejected the promoter's revised settlement proposal for Project Estella because the CIRP had already revived, a CoC-approved resolution plan was pending before the Adjudicating Authority, prior proposals had been rejected, and the homebuyers had voted against considering the promoter's bid. The promoter's reliance on an arrangement with BCD Mumbai Pvt. Ltd. was treated as non-binding and insufficient to show project completion. For Project NCR Greens, the Tribunal recognised the promoter's obligation to complete the substantially finished project, remove defects and hand over remaining units within six months, subject to majority approval of the financial creditors including Punjab & Sind Bank; failing such approval, insolvency directions would follow.
The NCLAT rejected the promoter's revised settlement proposal for Project Estella because the CIRP had already revived, a CoC-approved resolution plan was pending before the Adjudicating Authority, prior proposals had been rejected, and the homebuyers had voted against considering the promoter's bid. The promoter's reliance on an arrangement with BCD Mumbai Pvt. Ltd. was treated as non-binding and insufficient to show project completion. For Project NCR Greens, the Tribunal recognised the promoter's obligation to complete the substantially finished project, remove defects and hand over remaining units within six months, subject to majority approval of the financial creditors including Punjab & Sind Bank; failing such approval, insolvency directions would follow.
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