Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
Continuation of CIRP after a genuine repayment offer may be stopped where the sole creditor has been fully paid and no other claims exist. The Code is aimed at revival of the corporate debtor, not compulsory divestiture or settling personal scores. On these facts, refusal by the sole-member CoC to accept settlement without any justifiable reason was treated as arbitrary and as misuse of the insolvency process. Once malicious intent or abuse became apparent during the proceedings, the Tribunal could terminate the CIRP itself rather than wait for separate penal consequences.
Continuation of CIRP after a genuine repayment offer may be stopped where the sole creditor has been fully paid and no other claims exist. The Code is aimed at revival of the corporate debtor, not compulsory divestiture or settling personal scores. On these facts, refusal by the sole-member CoC to accept settlement without any justifiable reason was treated as arbitrary and as misuse of the insolvency process. Once malicious intent or abuse became apparent during the proceedings, the Tribunal could terminate the CIRP itself rather than wait for separate penal consequences.
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