Effective hearing in GST adjudication requires actual opportunity to respond; ineffective service through a former auditor invalidated ex parte procee...
Third-party search material requires special assessment route, rendering general reassessment notices without jurisdiction when it forms the proceedin...
Transfer-pricing adjustments must be confined to international associated-enterprise transactions, while functionally dissimilar comparables remain ex...
Insolvency moratorium bars income-tax revision proceedings against corporate debtors until the moratorium ends, preserving merits for later determinat...
At the interim stage, Regulation 18(3) did not prima facie require financial creditors in a class to obtain prior intra-class majority approval through the Authorised Representative before seeking placement of a CoC agenda, where the prescribed voting threshold was met. Suspension of an insolvency professional's registration removes eligibility to act in all ongoing insolvency assignments, not only the process connected with the alleged misconduct. Intimation to other CoCs and the Adjudicating Authority gives effect to that consequence and remains distinct from a CoC's replacement power. Interim stay required a prima facie case, balance of convenience and irreparable injury, assessed with public-interest caution; as these were not established, the stay was declined pending appeal.
At the interim stage, Regulation 18(3) did not prima facie require financial creditors in a class to obtain prior intra-class majority approval through the Authorised Representative before seeking placement of a CoC agenda, where the prescribed voting threshold was met. Suspension of an insolvency professional's registration removes eligibility to act in all ongoing insolvency assignments, not only the process connected with the alleged misconduct. Intimation to other CoCs and the Adjudicating Authority gives effect to that consequence and remains distinct from a CoC's replacement power. Interim stay required a prima facie case, balance of convenience and irreparable injury, assessed with public-interest caution; as these were not established, the stay was declined pending appeal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
