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External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
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Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
The NCLAT set aside the adjudicating authority's mechanical admission of a Section 95 application, finding a lack of independent assessment. The tribunal emphasized that the adjudicating authority must conduct a comprehensive evaluation beyond the Resolution Professional's report, particularly considering the already realized assets under SARFAESI. The court directed a fresh opportunity for personal guarantors to file objections within 30 days, mandating the adjudicating authority to comprehensively review all materials before passing a renewed order under Section 100. The appellate tribunal remanded the matter for a de novo examination, ensuring a substantive and procedurally sound review of the insolvency proceedings.
The NCLAT set aside the adjudicating authority's mechanical admission of a Section 95 application, finding a lack of independent assessment. The tribunal emphasized that the adjudicating authority must conduct a comprehensive evaluation beyond the Resolution Professional's report, particularly considering the already realized assets under SARFAESI. The court directed a fresh opportunity for personal guarantors to file objections within 30 days, mandating the adjudicating authority to comprehensively review all materials before passing a renewed order under Section 100. The appellate tribunal remanded the matter for a de novo examination, ensuring a substantive and procedurally sound review of the insolvency proceedings.
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