Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Approval of a resolution plan that treated specified third-party/guarantor land as assets of the corporate debtor and set aside a fraudulent, undervalued lease deed was upheld; the adjudicatory authoritys prior orders approving the plan and cancelling the lease were held to be final and binding, and consequential directions flowing from those approvals were sustained. Challenges that inclusion of third-party property exceeded the authority or was exclusively a civil remedy were rejected, and the appellate challenge was dismissed for lack of merit, preserving the operative effect of the resolution plan and avoidance of the preferential/fraudulent transaction.
Approval of a resolution plan that treated specified third-party/guarantor land as assets of the corporate debtor and set aside a fraudulent, undervalued lease deed was upheld; the adjudicatory authoritys prior orders approving the plan and cancelling the lease were held to be final and binding, and consequential directions flowing from those approvals were sustained. Challenges that inclusion of third-party property exceeded the authority or was exclusively a civil remedy were rejected, and the appellate challenge was dismissed for lack of merit, preserving the operative effect of the resolution plan and avoidance of the preferential/fraudulent transaction.
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