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...
The Appellant's involvement in fictitious LED bulb transactions was held to constitute fraudulent trading under Section 66(1) of the IBC, as these dealings were orchestrated to inflate turnover and siphon funds, causing an actual loss of Rs. 3.18 crores to the Corporate Debtor. The NCLAT affirmed that the Adjudicating Authority acted within jurisdiction, relying on concrete forensic evidence rather than conjecture. The direction for the Appellant to contribute Rs. 3.18 crores to the Corporate Debtor's assets was upheld as a lawful, proportionate remedy aimed at restoring the debtor's estate, not punitive in nature. The appeal was dismissed, confirming the Appellant's liability for fraudulent depletion of corporate assets.
The Appellant's involvement in fictitious LED bulb transactions was held to constitute fraudulent trading under Section 66(1) of the IBC, as these dealings were orchestrated to inflate turnover and siphon funds, causing an actual loss of Rs. 3.18 crores to the Corporate Debtor. The NCLAT affirmed that the Adjudicating Authority acted within jurisdiction, relying on concrete forensic evidence rather than conjecture. The direction for the Appellant to contribute Rs. 3.18 crores to the Corporate Debtor's assets was upheld as a lawful, proportionate remedy aimed at restoring the debtor's estate, not punitive in nature. The appeal was dismissed, confirming the Appellant's liability for fraudulent depletion of corporate assets.
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