Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
The dominant issue was maintainability of the appeal under s.61(2) of the IBC. The tribunal held that the appeal was filed beyond the prescribed period and, in the absence of any application or sufficient cause for delay, it could not be entertained, resulting in dismissal as time-barred. On the attempted challenge to differential distribution between assenting and dissenting/abstaining secured financial creditors, the tribunal found the plea of "discrimination" was in substance a belated, indirect challenge to an already-approved resolution plan, which had attained finality and could not be reopened or modified after implementation, resulting in denial of any relief. - NCLAT
The dominant issue was maintainability of the appeal under s.61(2) of the IBC. The tribunal held that the appeal was filed beyond the prescribed period and, in the absence of any application or sufficient cause for delay, it could not be entertained, resulting in dismissal as time-barred. On the attempted challenge to differential distribution between assenting and dissenting/abstaining secured financial creditors, the tribunal found the plea of "discrimination" was in substance a belated, indirect challenge to an already-approved resolution plan, which had attained finality and could not be reopened or modified after implementation, resulting in denial of any relief. - NCLAT
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