Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Insolvency and BankruptcyMarch 15, 2022Case LawsTri
Violation of principles of natural justice - no proper notice issued to the Personal Guarantor - once the Resolution Professional is appointed and the report is filed by the Resolution Professional under section 99 of IBC, 2016 the Personal Guarantor will be given an opportunity of hearing by the Tribunal and the above-mentioned preliminary objections can be raised before a final decision is made by the Tribunal. Raising any objections at this stage of adjudication of application is premature and will give rise to double hearings. - Tri
Violation of principles of natural justice - no proper notice issued to the Personal Guarantor - once the Resolution Professional is appointed and the report is filed by the Resolution Professional under section 99 of IBC, 2016 the Personal Guarantor will be given an opportunity of hearing by the Tribunal and the above-mentioned preliminary objections can be raised before a final decision is made by the Tribunal. Raising any objections at this stage of adjudication of application is premature and will give rise to double hearings. - Tri
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