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...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
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NCLAT upheld rejection of Section 9 application under Insolvency and Bankruptcy Code for material concealment of facts and pre-existing disputes. Appellant failed to disclose that demand notice was based on MSEFC award dated 16.04.2018, concealed pending writ petition challenging said award before Kerala HC, and falsely averred that demand notice was not denied despite corporate debtor's reply denying liability citing pre-existing dispute. NCLAT applied clean hands doctrine, holding parties must approach judicial forums with complete disclosure of material facts bearing on adjudication. Since Section 9 proceedings were initiated through material concealment and evidence showed pre-existing disputes, tribunal's rejection was proper and required no interference. Appeal dismissed.
NCLAT upheld rejection of Section 9 application under Insolvency and Bankruptcy Code for material concealment of facts and pre-existing disputes. Appellant failed to disclose that demand notice was based on MSEFC award dated 16.04.2018, concealed pending writ petition challenging said award before Kerala HC, and falsely averred that demand notice was not denied despite corporate debtor's reply denying liability citing pre-existing dispute. NCLAT applied clean hands doctrine, holding parties must approach judicial forums with complete disclosure of material facts bearing on adjudication. Since Section 9 proceedings were initiated through material concealment and evidence showed pre-existing disputes, tribunal's rejection was proper and required no interference. Appeal dismissed.
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