Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
An approved resolution plan has binding effect to extinguish admitted debt and related securities, preventing dissenting financial creditors from continuing enforcement or recovery; where the plan resolves the claim, pre-existing attachments and third party securities cease to provide a basis for recovery. The tribunal found that attachments under the Maharashtra Cooperative Societies Act made to recover dues consequent to the financial creditor's claim are released by the plan's operative clause and cannot be relied upon post approval. Repeated objections by a dissenting creditor were held untenable in light of earlier appellate finality; the appeal was allowed, restraining further enforcement contrary to the plan.
An approved resolution plan has binding effect to extinguish admitted debt and related securities, preventing dissenting financial creditors from continuing enforcement or recovery; where the plan resolves the claim, pre-existing attachments and third party securities cease to provide a basis for recovery. The tribunal found that attachments under the Maharashtra Cooperative Societies Act made to recover dues consequent to the financial creditor's claim are released by the plan's operative clause and cannot be relied upon post approval. Repeated objections by a dissenting creditor were held untenable in light of earlier appellate finality; the appeal was allowed, restraining further enforcement contrary to the plan.
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