Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Proceeds of crime and property equivalent in value: failure to explain lawful source sustains attachment; lack of required notice can vitiate confirma...
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Whether Regulation 12 limitation bars a statutory provident fund claim: Supreme Court precedent (Rainbow Papers) treats Regulation 12 as directory for statutory dues, so delay alone cannot justify rejection - claim survives. Whether EPF/gratuity constitute assets of the corporate debtor under Section 36(4)(iii): prior tribunal authority held EPF/gratuity are not assets of the corporate debtor, so they cannot be treated as estate assets - claim stands. Whether reopened claims may be barred after CoC approval: Supreme Court jurisprudence cautions against reopening plans to avoid endless CIRP, but that principle does not override the Rainbow Papers ruling; impugned rejection on limitation is quashed and matter is remitted to the Adjudicating Authority to reconsider the application on merits (except as to limitation) - NCLAT
Whether Regulation 12 limitation bars a statutory provident fund claim: Supreme Court precedent (Rainbow Papers) treats Regulation 12 as directory for statutory dues, so delay alone cannot justify rejection - claim survives. Whether EPF/gratuity constitute assets of the corporate debtor under Section 36(4)(iii): prior tribunal authority held EPF/gratuity are not assets of the corporate debtor, so they cannot be treated as estate assets - claim stands. Whether reopened claims may be barred after CoC approval: Supreme Court jurisprudence cautions against reopening plans to avoid endless CIRP, but that principle does not override the Rainbow Papers ruling; impugned rejection on limitation is quashed and matter is remitted to the Adjudicating Authority to reconsider the application on merits (except as to limitation) - NCLAT
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