Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
Claims founded on assessments completed after the moratorium are barred from admission in CIRP under the moratorium doctrine; accordingly postmoratorium EPFO assessmentbased demands cannot be admitted and the appeal challenging the resolution plan was dismissed. The resolution professional had recorded the provident fund claim despite improper format, included it in the Information Memorandum, and the resolution plan provided a lower payout; the tribunal treated the inclusion and commercial judgment of the committee of creditors as operative and distinguishable from precedent where claims were ignored. Absence of contemporaneous PF deductions in company records supported exclusion of the postmoratorium assessment claim.
Claims founded on assessments completed after the moratorium are barred from admission in CIRP under the moratorium doctrine; accordingly postmoratorium EPFO assessmentbased demands cannot be admitted and the appeal challenging the resolution plan was dismissed. The resolution professional had recorded the provident fund claim despite improper format, included it in the Information Memorandum, and the resolution plan provided a lower payout; the tribunal treated the inclusion and commercial judgment of the committee of creditors as operative and distinguishable from precedent where claims were ignored. Absence of contemporaneous PF deductions in company records supported exclusion of the postmoratorium assessment claim.
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