Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Finality of unchallenged personal insolvency resolution orders prevents a personal guarantor from reopening findings at the consequential bankruptcy stage. Where the guarantor was validly proceeded against ex parte in the resolution process, Section 121 does not require fresh prior notice before a bankruptcy order, particularly where the closure application and bankruptcy petition were served. A limitation objection also fails where an earlier SARFAESI demand enforced security interests rather than invoked the guarantee, and the insolvency application was filed within three years of the subsequent Code demand. Separate proceedings against other guarantors remain independent, and new grounds not raised before the Adjudicating Authority cannot ordinarily be introduced in appeal.
Finality of unchallenged personal insolvency resolution orders prevents a personal guarantor from reopening findings at the consequential bankruptcy stage. Where the guarantor was validly proceeded against ex parte in the resolution process, Section 121 does not require fresh prior notice before a bankruptcy order, particularly where the closure application and bankruptcy petition were served. A limitation objection also fails where an earlier SARFAESI demand enforced security interests rather than invoked the guarantee, and the insolvency application was filed within three years of the subsequent Code demand. Separate proceedings against other guarantors remain independent, and new grounds not raised before the Adjudicating Authority cannot ordinarily be introduced in appeal.
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