Blocked input tax credit for resort construction remains unavailable; interest follows actual utilisation, while delayed payment attracts statutory pe...
Duplicate PAN allocation requires record verification and deactivation reasons before assessment-related transactions can be attributed to an assessee...
Faceless assessment safeguards require requested personal hearings and adequate final show-cause response time, failing which reassessment is required...
Fraudulent portrayal of debt, a jurisdictional fact for commencing CIRP, can justify recall of admission and dismissal of a collusive Section 9 application because fraud and collusion undermine the foundation of jurisdiction. Once admitted, however, CIRP becomes a collective in rem process in which creditors acquire statutory interests; misconduct by the original applicant does not automatically require termination. The original applicant must be excluded, while the Adjudicating Authority assesses, after hearing the resolution professional, Committee of Creditors and stakeholders, whether continuation serves statutory objectives with integrity and transparency. Termination was set aside and CIRP restored for that determination.
Fraudulent portrayal of debt, a jurisdictional fact for commencing CIRP, can justify recall of admission and dismissal of a collusive Section 9 application because fraud and collusion undermine the foundation of jurisdiction. Once admitted, however, CIRP becomes a collective in rem process in which creditors acquire statutory interests; misconduct by the original applicant does not automatically require termination. The original applicant must be excluded, while the Adjudicating Authority assesses, after hearing the resolution professional, Committee of Creditors and stakeholders, whether continuation serves statutory objectives with integrity and transparency. Termination was set aside and CIRP restored for that determination.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
