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...
NCLAT upheld the admission of Pre-Packaged Insolvency Resolution Process (PPIRP) for the Corporate Debtor (CD), a registered MSME. While acknowledging that the Section 54C application was filed beyond the 14-day statutory period after the Section 7 application, the Tribunal determined it would not serve stakeholder interests to invalidate the completed resolution. The CD's resolution involved three consortium bank members, with SBI (47.21%), IDBI (26.70%), and Bank of Baroda (26.09%) vote shares. The Tribunal directed the Successful Resolution Applicant to pay any differential amount due to the dissenting financial creditor within 30 days, in accordance with Section 30(2)(b) of IBC. The resolution plan's implementation was maintained, prioritizing the special protection afforded to MSMEs under Chapter III-A of the IBC.
NCLAT upheld the admission of Pre-Packaged Insolvency Resolution Process (PPIRP) for the Corporate Debtor (CD), a registered MSME. While acknowledging that the Section 54C application was filed beyond the 14-day statutory period after the Section 7 application, the Tribunal determined it would not serve stakeholder interests to invalidate the completed resolution. The CD's resolution involved three consortium bank members, with SBI (47.21%), IDBI (26.70%), and Bank of Baroda (26.09%) vote shares. The Tribunal directed the Successful Resolution Applicant to pay any differential amount due to the dissenting financial creditor within 30 days, in accordance with Section 30(2)(b) of IBC. The resolution plan's implementation was maintained, prioritizing the special protection afforded to MSMEs under Chapter III-A of the IBC.
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