Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Interim disciplinary suspension of a resolution professional across assignments unrelated to the CIRP giving rise to the charge raises proportionality and audi alteram partem concerns. Board confirmation requirements for appointment or replacement do not determine whether a charge in one CIRP permits exclusion from all other assignments. Regulation 13(7), which requires communicating a disciplinary order to committees of creditors in other assignments, preserves those committees' statutory discretion to retain or replace the professional. A blanket restriction without charges or a hearing concerning those assignments was treated as disproportionate. The suspension was stayed only for other assignments, while the disciplinary merits and the scope of appellate jurisdiction remained open.
Interim disciplinary suspension of a resolution professional across assignments unrelated to the CIRP giving rise to the charge raises proportionality and audi alteram partem concerns. Board confirmation requirements for appointment or replacement do not determine whether a charge in one CIRP permits exclusion from all other assignments. Regulation 13(7), which requires communicating a disciplinary order to committees of creditors in other assignments, preserves those committees' statutory discretion to retain or replace the professional. A blanket restriction without charges or a hearing concerning those assignments was treated as disproportionate. The suspension was stayed only for other assignments, while the disciplinary merits and the scope of appellate jurisdiction remained open.
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