Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
A person who was earlier a successful resolution applicant and later defaulted in implementing the resolution plan has no enforceable right to be heard on an application for liquidation and appointment of a liquidator, as this determination concerns the creditor-adjudicating authority matrix regarding subsisting financial liability, plan implementation, and default warranting liquidation. Since liquidation and liquidator appointment confer no specific statutory role or legal right on such person, non-issuance of notice is not infirm, including in light of the adjudicating authority's powers under the IBC. The person may only intervene with a limited right of audience at the stage of final orders, and the appeal challenging non-joinder was dismissed - NCLAT
A person who was earlier a successful resolution applicant and later defaulted in implementing the resolution plan has no enforceable right to be heard on an application for liquidation and appointment of a liquidator, as this determination concerns the creditor-adjudicating authority matrix regarding subsisting financial liability, plan implementation, and default warranting liquidation. Since liquidation and liquidator appointment confer no specific statutory role or legal right on such person, non-issuance of notice is not infirm, including in light of the adjudicating authority's powers under the IBC. The person may only intervene with a limited right of audience at the stage of final orders, and the appeal challenging non-joinder was dismissed - NCLAT
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