Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
The adjustment of a corporate debtor's security deposit was treated as a pre-CIRP decision because the material showed approval before commencement of CIRP, with later billing entries viewed as consequential. The Tribunal rejected the allegation of a Section 14 moratorium breach and found no clear reconciliation proving wrongful appropriation of CIRP-period payments. It also held that the adjusted claim had been filed and accepted during CIRP, carried into the information memorandum and resolution plan, and could not be reopened after the plan was approved and implemented. Restoration of the amounts would impermissibly disturb settled commercial assumptions under the approved plan.
The adjustment of a corporate debtor's security deposit was treated as a pre-CIRP decision because the material showed approval before commencement of CIRP, with later billing entries viewed as consequential. The Tribunal rejected the allegation of a Section 14 moratorium breach and found no clear reconciliation proving wrongful appropriation of CIRP-period payments. It also held that the adjusted claim had been filed and accepted during CIRP, carried into the information memorandum and resolution plan, and could not be reopened after the plan was approved and implemented. Restoration of the amounts would impermissibly disturb settled commercial assumptions under the approved plan.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
