Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Whether the approved resolution plan was liable to be rejected for alleged non-compliance with s.29A(g) IBC turned on the time at which ineligibility must be assessed. Applying the principle that disqualification of a successful resolution applicant is to be tested as on the date of submission of the resolution plan, and relying on the resolution professional's confirmation and independent professional certifications showing no ineligibility on that date, the finding that the plan was non-compliant with s.29A(g) was set aside. The plan was remitted for fresh consideration by the adjudicating authority within a stipulated time, and the appeal was disposed of. - NCLAT
Whether the approved resolution plan was liable to be rejected for alleged non-compliance with s.29A(g) IBC turned on the time at which ineligibility must be assessed. Applying the principle that disqualification of a successful resolution applicant is to be tested as on the date of submission of the resolution plan, and relying on the resolution professional's confirmation and independent professional certifications showing no ineligibility on that date, the finding that the plan was non-compliant with s.29A(g) was set aside. The plan was remitted for fresh consideration by the adjudicating authority within a stipulated time, and the appeal was disposed of. - NCLAT
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