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...
An approved resolution plan under the IBC extinguished all pre-CIRP income-tax dues, including assessed and unassessed claims, and terminated pending assessment or appellate proceedings for the relevant period. Applying the clean slate principle and Supreme Court authority, the HC held that claims not included in the resolution plan could not survive after approval under section 31. Because the reassessment related to a pre-approval assessment year, the subsequent reassessment order and demand notice had no legal basis and were quashed; the merits of the assessment were treated as academic.
An approved resolution plan under the IBC extinguished all pre-CIRP income-tax dues, including assessed and unassessed claims, and terminated pending assessment or appellate proceedings for the relevant period. Applying the clean slate principle and Supreme Court authority, the HC held that claims not included in the resolution plan could not survive after approval under section 31. Because the reassessment related to a pre-approval assessment year, the subsequent reassessment order and demand notice had no legal basis and were quashed; the merits of the assessment were treated as academic.
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