Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The NCLAT held that suspension of authorisation for assignment (AFA) under Bye-Law 23A does not automatically debar a Resolution Professional (RP) from continuing with pending or existing assignments; it only prohibits the RP from accepting fresh assignments. The Tribunal found no majority opinion supporting the replacement of the RP and set aside the prior order directing such replacement. The statutory framework under the IBBI Regulations indicates that suspension as a penalty restricts new assignments but does not affect ongoing ones. Consequently, the directions for replacing the RP were quashed, and the Adjudicating Authority was permitted to proceed with the plan approval application. The appeal was allowed in part, clarifying the scope of suspension under Bye-Law 23A and protecting the RP's continuation on existing cases.
The NCLAT held that suspension of authorisation for assignment (AFA) under Bye-Law 23A does not automatically debar a Resolution Professional (RP) from continuing with pending or existing assignments; it only prohibits the RP from accepting fresh assignments. The Tribunal found no majority opinion supporting the replacement of the RP and set aside the prior order directing such replacement. The statutory framework under the IBBI Regulations indicates that suspension as a penalty restricts new assignments but does not affect ongoing ones. Consequently, the directions for replacing the RP were quashed, and the Adjudicating Authority was permitted to proceed with the plan approval application. The appeal was allowed in part, clarifying the scope of suspension under Bye-Law 23A and protecting the RP's continuation on existing cases.
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