Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
Scientific research association approval requires continuing SIRO status, annual donation reporting, and donor certificates for the approved foundatio...
Scientific research institution approval is conditional on SIRO recognition, annual donation reporting, donor certification, and prescribed compliance...
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The Appellate Tribunal dismissed the appeal and upheld the rejection of the Appellant's claim by the Resolution Professional (RP) due to delay. The Committee of Creditors (CoC) had approved the resolution plan on 18.10.2021, while the Appellant filed the claim on 19.03.2022, much after the approval. The Tribunal followed the Supreme Court's judgment in M/s RPS Infra, which held that once the CoC approves the plan, no claim can be entertained, even if the Adjudicating Authority has not yet approved the plan. The Appellant's reliance on the Puneet Kaur case was rendered ineffective by the subsequent M/s RPS Infra judgment. Consequently, the Appellate Tribunal found no error in rejecting the Appellant's belated claim after the CoC's approval of the resolution plan.
The Appellate Tribunal dismissed the appeal and upheld the rejection of the Appellant's claim by the Resolution Professional (RP) due to delay. The Committee of Creditors (CoC) had approved the resolution plan on 18.10.2021, while the Appellant filed the claim on 19.03.2022, much after the approval. The Tribunal followed the Supreme Court's judgment in M/s RPS Infra, which held that once the CoC approves the plan, no claim can be entertained, even if the Adjudicating Authority has not yet approved the plan. The Appellant's reliance on the Puneet Kaur case was rendered ineffective by the subsequent M/s RPS Infra judgment. Consequently, the Appellate Tribunal found no error in rejecting the Appellant's belated claim after the CoC's approval of the resolution plan.
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