Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Insolvency and BankruptcyJanuary 30, 2024Case LawsAT
CIRP - Rejection of Application seeking intervention - Locus to file application - infringement of rights - Approval of resolution plan (offer) of another party - The tribunal decided that the appellant, having been a participant in the CIRP process and having submitted offers, does indeed have the locus to file the intervention application. It observed that the NCLT's order examining the appellant’s contentions on merits while also stating they lacked locus was contradictory. - However, the tribunal permits the appellant to file an application with their objections/affidavits before the NCLT - AT
CIRP - Rejection of Application seeking intervention - Locus to file application - infringement of rights - Approval of resolution plan (offer) of another party - The tribunal decided that the appellant, having been a participant in the CIRP process and having submitted offers, does indeed have the locus to file the intervention application. It observed that the NCLT's order examining the appellant’s contentions on merits while also stating they lacked locus was contradictory. - However, the tribunal permits the appellant to file an application with their objections/affidavits before the NCLT - AT
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