Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
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Regulation 36A requires issuance of a provisional list of prospective resolution applicants (PRAs), invitation for objections, and a final list before a belated EoI can be included; inclusion without publishing the provisional list and inviting objections violates the statutory process. The tribunal held that the resolution plan considered after such non-compliance could not be approved and upheld the Adjudicating Authority's refusal of that plan. The tribunal found no recorded ineligibility of the applicant and no breach of the CIRP period, but set aside the liquidation direction and ordered re-commencement of CIRP with a fresh Form-G, publication of provisional and final PRA lists and fresh invitation for resolution plans within 90 days.
Regulation 36A requires issuance of a provisional list of prospective resolution applicants (PRAs), invitation for objections, and a final list before a belated EoI can be included; inclusion without publishing the provisional list and inviting objections violates the statutory process. The tribunal held that the resolution plan considered after such non-compliance could not be approved and upheld the Adjudicating Authority's refusal of that plan. The tribunal found no recorded ineligibility of the applicant and no breach of the CIRP period, but set aside the liquidation direction and ordered re-commencement of CIRP with a fresh Form-G, publication of provisional and final PRA lists and fresh invitation for resolution plans within 90 days.
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