Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
Omitted specified domestic transaction provision invalidates related-party expenditure transfer-pricing references and assessments based on consequent...
Preventive suspension requires an immediate continuing threat and cannot become indefinite without inquiry, fresh evidence, or proportionate safeguard...
Rejection of Section 10 application under IBC upheld as Appellant company filed it with unclean hands after evading Wilful Defaulter proceedings by Respondent Bank. Appellant selectively approached Bank for reprieve while avoiding proceedings, embroiling Bank in multiple litigations to stall recovery. Section 10 rights can't be misused to derive undue advantage over insolvency resolution objective. Adjudicating Authority rightly found Appellant's bonafides doubtful, filing motivated by reasons other than insolvency resolution. Appeal dismissed by NCLAT.
Rejection of Section 10 application under IBC upheld as Appellant company filed it with unclean hands after evading Wilful Defaulter proceedings by Respondent Bank. Appellant selectively approached Bank for reprieve while avoiding proceedings, embroiling Bank in multiple litigations to stall recovery. Section 10 rights can't be misused to derive undue advantage over insolvency resolution objective. Adjudicating Authority rightly found Appellant's bonafides doubtful, filing motivated by reasons other than insolvency resolution. Appeal dismissed by NCLAT.
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