Permanent-establishment reassessment cannot revisit scrutinised disclosures; extended reopening fails without undisclosed material facts and within st...
Modified returns after business reorganisation must be assessed within pending proceedings, barring parallel scrutiny and consequential transfer prici...
Turnover mismatches under percentage-completion accounting cannot alone establish suppressed income where customer advances remain recorded as liabili...
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Final debt recovery adjudication fixing personal guarantors' joint and several liability for the entire dues prevents them from re-agitating a claim that their guarantees were limited to the market value of mortgaged properties in collateral proceedings under Section 114 of the Code. Guarantee clauses requiring payment on default and permitting enforcement despite unrealisable security operate with mortgage-related provisions, rather than creating a liability cap. A repayment plan requires the prescribed affirmative creditor vote; the Adjudicating Authority cannot substitute its commercial view where that approval is absent. No prejudice or vitiation of the statutory process was established.
Final debt recovery adjudication fixing personal guarantors' joint and several liability for the entire dues prevents them from re-agitating a claim that their guarantees were limited to the market value of mortgaged properties in collateral proceedings under Section 114 of the Code. Guarantee clauses requiring payment on default and permitting enforcement despite unrealisable security operate with mortgage-related provisions, rather than creating a liability cap. A repayment plan requires the prescribed affirmative creditor vote; the Adjudicating Authority cannot substitute its commercial view where that approval is absent. No prejudice or vitiation of the statutory process was established.
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