Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
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The AT adjudicated a challenge to a provisional attachment order involving financial institutions and defaulting entities. Following the NCLT's approval of a Resolution Plan for one company and liquidation of another, the Tribunal held that financial institutions cannot claim release of mortgaged properties beyond amounts settled in the Resolution Plan. The Tribunal lacked jurisdiction to resolve inter-se disputes between parties and directed financial institutions to pursue appropriate remedies under applicable statutes. The appeals were disposed of, granting liberty to seek recourse through suitable legal mechanisms, with explicit reference to Section 32A of IBC and Section 8(7) of the Act of 2002.
The AT adjudicated a challenge to a provisional attachment order involving financial institutions and defaulting entities. Following the NCLT's approval of a Resolution Plan for one company and liquidation of another, the Tribunal held that financial institutions cannot claim release of mortgaged properties beyond amounts settled in the Resolution Plan. The Tribunal lacked jurisdiction to resolve inter-se disputes between parties and directed financial institutions to pursue appropriate remedies under applicable statutes. The appeals were disposed of, granting liberty to seek recourse through suitable legal mechanisms, with explicit reference to Section 32A of IBC and Section 8(7) of the Act of 2002.
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