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...
Personal guarantees were validly invoked where the demand notice was expressly addressed to the guarantors, referred to their security for the financial assistance, and called for payment of the outstanding liability. The earlier guarantee remained operative as a continuing guarantee after restructuring, as the later restructuring documents did not displace it and the borrower's restructured repayment was not honoured. The corporate debtor's CIRP moratorium did not bar action against personal guarantors, since the statutory protection does not extend to sureties under a contract of guarantee. Limitation for the Section 95 application was saved by repeated acknowledgments in balance sheets and by the recovery certificate. The appeals were dismissed.
Personal guarantees were validly invoked where the demand notice was expressly addressed to the guarantors, referred to their security for the financial assistance, and called for payment of the outstanding liability. The earlier guarantee remained operative as a continuing guarantee after restructuring, as the later restructuring documents did not displace it and the borrower's restructured repayment was not honoured. The corporate debtor's CIRP moratorium did not bar action against personal guarantors, since the statutory protection does not extend to sureties under a contract of guarantee. Limitation for the Section 95 application was saved by repeated acknowledgments in balance sheets and by the recovery certificate. The appeals were dismissed.
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