Human-probability test defeats political donation deduction where banking records mask accommodation-entry fund layering and evidence shows non-genuin...
Commercial property status protects capital-gains exemption when residential-house ownership limits are tested, while agricultural-land character gove...
Investigation deposits refunded after failed customs demands fall outside the statutory appellate pre-deposit interest regime and may attract compensa...
Resolution plan finality extinguishes unquantified operational-creditor claims and pending proceedings unless the approved plan expressly preserves th...
Prior Committee of Creditors approval of eligibility criteria is required before publication of Form G; Regulation 36A's publication timeline does not displace that requirement. On expiry of the CIRP without receipt of a resolution plan, section 33(1)(a) mandates liquidation, and a pending application alleging fraudulent or malicious initiation does not automatically halt that consequence. Going-concern status requires ongoing business operations, personnel and revenue generation, rather than residual assets alone. A suspended board has no unconditional right to impleadment in liquidation proceedings governed by objective statutory conditions. Further resolution efforts remain within the CoC's commercial judgment, which appellate review cannot replace.
Prior Committee of Creditors approval of eligibility criteria is required before publication of Form G; Regulation 36A's publication timeline does not displace that requirement. On expiry of the CIRP without receipt of a resolution plan, section 33(1)(a) mandates liquidation, and a pending application alleging fraudulent or malicious initiation does not automatically halt that consequence. Going-concern status requires ongoing business operations, personnel and revenue generation, rather than residual assets alone. A suspended board has no unconditional right to impleadment in liquidation proceedings governed by objective statutory conditions. Further resolution efforts remain within the CoC's commercial judgment, which appellate review cannot replace.
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