Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
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.
Note: It is a system-generated summary and is for quick reference only.