Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
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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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