Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
The Appellate Tribunal held that rejection of a CoC-approved resolution plan cannot rest on a general perception of unfairness or material irregularity where the CIRP was conducted in accordance with the sole financial creditor's decisions and the Adjudicating Authority had not found statutory non-compliance or ineligibility. It also found no foundation for alleged informational asymmetry, because the Information Memorandum disclosed the mismatch in title documents and possession, access to the data room was available to all applicants, and bidding proceeded on an as is where is basis. The impugned rejection was set aside, the approval application was revived for fresh consideration, and the unsuccessful applicant's challenges were closed.
The Appellate Tribunal held that rejection of a CoC-approved resolution plan cannot rest on a general perception of unfairness or material irregularity where the CIRP was conducted in accordance with the sole financial creditor's decisions and the Adjudicating Authority had not found statutory non-compliance or ineligibility. It also found no foundation for alleged informational asymmetry, because the Information Memorandum disclosed the mismatch in title documents and possession, access to the data room was available to all applicants, and bidding proceeded on an as is where is basis. The impugned rejection was set aside, the approval application was revived for fresh consideration, and the unsuccessful applicant's challenges were closed.
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