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 BankruptcyMarch 27, 2024Case LawsAT
Objection to Resolution Plan submitted - categorization of the Appellant as ‘affected’ homebuyer - The Tribunal upheld the classification of homebuyers into 'affected' and 'unaffected' categories, agreeing with the rationale and justification provided for the different treatment of these groups. It also referenced its previous judgment affirming this classification. - The Tribunal found that the requirement for an NOC from LICHFL was valid and necessary. - The NCLAT noted the overwhelming approval of the Resolution Plan by the Committee of Creditors (CoC), including the majority of homebuyers, and found no grounds to challenge the Plan's approval.
Objection to Resolution Plan submitted - categorization of the Appellant as ‘affected’ homebuyer - The Tribunal upheld the classification of homebuyers into 'affected' and 'unaffected' categories, agreeing with the rationale and justification provided for the different treatment of these groups. It also referenced its previous judgment affirming this classification. - The Tribunal found that the requirement for an NOC from LICHFL was valid and necessary. - The NCLAT noted the overwhelming approval of the Resolution Plan by the Committee of Creditors (CoC), including the majority of homebuyers, and found no grounds to challenge the Plan's approval.
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