Charitable trust income application permits verified capital expenditure but rejects deferred pre-operative claims and requires reconsideration of con...
Reinsurance premium deductions require established regulatory breaches, while independently acquired software qualifies within the computer depreciati...
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
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.
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