Penny-stock additions require transaction-specific evidence; general investigation material alone cannot establish undisclosed income or accommodation...
Transfer pricing comparability prioritises reliable external CUPs and foreign-currency LIBOR benchmarks for exports, borrowings and delayed receivable...
Section 153C satisfaction and seized electronic records sustained unexplained-investment addition, subject to proportionate ownership-share verificati...
Shareholders challenged a CIRP admission, raising locus standi and alleging fraudulent initiation by related parties. Interpreting s.61 IBC broadly, "any person aggrieved" includes shareholders affected by the AA's order; the appeal was held maintainable. On merits, the s.7 admission was found mechanical and lacking scrutiny of undisputed related-party links, common management, and AGM rejection of related-party transactions; delayed stock-exchange disclosure under SEBI LODR further supported collusion. The s.7 filing was held a collusive device for an ulterior purpose rather than genuine resolution, warranting intervention. CIRP was set aside, costs of ₹25 lakhs imposed on the financial creditor, and the matter referred to IBBI regarding the RP's conduct. - NCLAT
Shareholders challenged a CIRP admission, raising locus standi and alleging fraudulent initiation by related parties. Interpreting s.61 IBC broadly, "any person aggrieved" includes shareholders affected by the AA's order; the appeal was held maintainable. On merits, the s.7 admission was found mechanical and lacking scrutiny of undisputed related-party links, common management, and AGM rejection of related-party transactions; delayed stock-exchange disclosure under SEBI LODR further supported collusion. The s.7 filing was held a collusive device for an ulterior purpose rather than genuine resolution, warranting intervention. CIRP was set aside, costs of ₹25 lakhs imposed on the financial creditor, and the matter referred to IBBI regarding the RP's conduct. - NCLAT
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