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...
The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping arose as the Respondent was identified as a Co-Borrower, not a Personal Guarantor. The Applicant had pursued remedies in other legal forums, such as Arbitration and under the Negotiable Instrument Act, indicating forum shopping. The Tribunal found the Applicant did not approach the Adjudicating Authority with clean hands and rejected the Application for initiating Personal Insolvency Resolution Process against the Personal Guarantor.
The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping arose as the Respondent was identified as a Co-Borrower, not a Personal Guarantor. The Applicant had pursued remedies in other legal forums, such as Arbitration and under the Negotiable Instrument Act, indicating forum shopping. The Tribunal found the Applicant did not approach the Adjudicating Authority with clean hands and rejected the Application for initiating Personal Insolvency Resolution Process against the Personal Guarantor.
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