Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Liquidation of corporate Debtor - Eligibility of the Appellant to submit the Resolution Plan under section 29 A of IBC - The tribunal upheld the declaration that the appellant was a wilful defaulter, making him ineligible under Section 29A of the IBC to submit a resolution plan. This was a significant factor in the rejection of his resolution plan and the subsequent decision to liquidate. - The tribunal highlighted the autonomy of the CoC's commercial wisdom in deciding not to approve the resolution plan submitted by the appellant. It noted that such decisions are beyond the scope of judicial review. - The tribunal noted that any ad-interim relief obtained by the appellant against his wilful defaulter status did not override the CoC's decision-making power, as the stay was conditional and temporary.
Liquidation of corporate Debtor - Eligibility of the Appellant to submit the Resolution Plan under section 29 A of IBC - The tribunal upheld the declaration that the appellant was a wilful defaulter, making him ineligible under Section 29A of the IBC to submit a resolution plan. This was a significant factor in the rejection of his resolution plan and the subsequent decision to liquidate. - The tribunal highlighted the autonomy of the CoC's commercial wisdom in deciding not to approve the resolution plan submitted by the appellant. It noted that such decisions are beyond the scope of judicial review. - The tribunal noted that any ad-interim relief obtained by the appellant against his wilful defaulter status did not override the CoC's decision-making power, as the stay was conditional and temporary.
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