Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
Initiation of CIRP - Relevant date of default - The Tribunal noted the appellant’s arguments about defaults prior to the RBI’s COVID-19 moratorium guidelines but also observed that the application for CIRP and the recall notice came after the implementation of these guidelines. The Tribunal concluded that while the initial default might have occurred before the pandemic, the formal procedures for CIRP were only initiated after the pandemic began, thereby falling within the protective scope of Section 10A of the IBC. Consequently, the Tribunal dismissed the appeal, upholding the adjudicating authority's decision not to initiate CIRP, but noted that the appellant retains the right to pursue other legal remedies to recover the debt.
Initiation of CIRP - Relevant date of default - The Tribunal noted the appellant’s arguments about defaults prior to the RBI’s COVID-19 moratorium guidelines but also observed that the application for CIRP and the recall notice came after the implementation of these guidelines. The Tribunal concluded that while the initial default might have occurred before the pandemic, the formal procedures for CIRP were only initiated after the pandemic began, thereby falling within the protective scope of Section 10A of the IBC. Consequently, the Tribunal dismissed the appeal, upholding the adjudicating authority's decision not to initiate CIRP, but noted that the appellant retains the right to pursue other legal remedies to recover the debt.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
