Regulatory consolidation for investment advisers: SEBI issues master circular consolidating guidance and prescribing compliance, reporting, fees and s...
Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
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The Tribunal held that homebuyers as a class of creditors met the quantitative threshold for initiating a Section 7 application because the corporate debtor's developed-share entitlement produced sufficient allotted units; therefore the Section 7 petition should not have been dismissed on threshold grounds. The Tribunal treated the development agreement allocation (18% share) and actual units sold by the corporate debtor as relevant to eligibility at filing, and concluded the threshold is assessed at filing rather than later-consequence: remand to the Adjudicating Authority. The Tribunal also noted maintainability of proceedings against related landowner/developer parties forming the same project and recorded ex parte conduct by the corporate debtor, without deciding merits.
The Tribunal held that homebuyers as a class of creditors met the quantitative threshold for initiating a Section 7 application because the corporate debtor's developed-share entitlement produced sufficient allotted units; therefore the Section 7 petition should not have been dismissed on threshold grounds. The Tribunal treated the development agreement allocation (18% share) and actual units sold by the corporate debtor as relevant to eligibility at filing, and concluded the threshold is assessed at filing rather than later-consequence: remand to the Adjudicating Authority. The Tribunal also noted maintainability of proceedings against related landowner/developer parties forming the same project and recorded ex parte conduct by the corporate debtor, without deciding merits.
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