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...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Non-upload of judicial orders prevented the appellant from being fairly bound to take fresh service steps, because the directions were not available to the Registry in time for compliance. Applying actus curiae neminem gravabit, the NCLAT held that a party cannot be prejudiced by delay attributable to the court process itself. The dismissal of the Section 7 petition for non-service was set aside, the petition was restored, and the matter was remanded to the Adjudicating Authority for disposal in accordance with law after hearing the parties.
Non-upload of judicial orders prevented the appellant from being fairly bound to take fresh service steps, because the directions were not available to the Registry in time for compliance. Applying actus curiae neminem gravabit, the NCLAT held that a party cannot be prejudiced by delay attributable to the court process itself. The dismissal of the Section 7 petition for non-service was set aside, the petition was restored, and the matter was remanded to the Adjudicating Authority for disposal in accordance with law after hearing the parties.
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