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 BankruptcyFebruary 16, 2024Case LawsAT
Rejection of Resolution Plan - The appellant argued before the Adjudicating Authority and subsequently in the Appeals that his plan, being submitted by an MSME (Micro, Small, and Medium Enterprises) promoter, should have been given more weight. - The NCLAT emphasized that its role is not to question the commercial wisdom of the CoC unless there are glaring omissions or statutory violations. The decision to approve the resolution plan of 'Eastern Copper Manufacturing Company Pvt. Ltd.' was upheld based on this principle.
Rejection of Resolution Plan - The appellant argued before the Adjudicating Authority and subsequently in the Appeals that his plan, being submitted by an MSME (Micro, Small, and Medium Enterprises) promoter, should have been given more weight. - The NCLAT emphasized that its role is not to question the commercial wisdom of the CoC unless there are glaring omissions or statutory violations. The decision to approve the resolution plan of 'Eastern Copper Manufacturing Company Pvt. Ltd.' was upheld based on this principle.
Note: It is a system-generated summary and is for quick reference only.