Validity of faceless assessment procedure challenged for jurisdictional AO intervention mid-remand, resulting in quashing of assessment for procedural...
Inventory write-off and fraudulent/wrongful trading allegations in corporate insolvency led to director liability principles applied and appeal dismis...
Simultaneous insolvency proceedings may be initiated and admitted against a corporate debtor and its guarantor where statutory conditions for CIRP are met; the guarantor's liability being co-extensive with the principal supports parallel proceedings, subject to independent examination by the adjudicating authority. Creditors are not compelled to elect or apportion claims between debtor and guarantor because the doctrine of election does not apply absent mutually inconsistent remedies or express statutory mandate. Apprehensions of double enrichment do not bar parallel CIRP proceedings given obligations to update claims and the resolution professional's duty to assess and revise claims, and the adjudicating authority retains reasonable discretion on admission.
Simultaneous insolvency proceedings may be initiated and admitted against a corporate debtor and its guarantor where statutory conditions for CIRP are met; the guarantor's liability being co-extensive with the principal supports parallel proceedings, subject to independent examination by the adjudicating authority. Creditors are not compelled to elect or apportion claims between debtor and guarantor because the doctrine of election does not apply absent mutually inconsistent remedies or express statutory mandate. Apprehensions of double enrichment do not bar parallel CIRP proceedings given obligations to update claims and the resolution professional's duty to assess and revise claims, and the adjudicating authority retains reasonable discretion on admission.
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