Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
Estoppel by acceptance of payment prevents appellants who unconditionally accepted amounts under the approved resolution plan from belatedly challenging the plan or prior partial rejection of their claims; those appellants are estopped and their appeals dismissed. Claims not substantiated by the proof mandated under Regulation 19 and Schedule II (Form E/Form F and supporting material) were rightly partially rejected by the Liquidator and cannot be reopened on appeal. Judicial interference with a resolution plan approved by 100% of the CoC is very limited; the plan's provision for priority payment of statutory employee dues (EPF, gratuity, earned leave) and enforcement mechanisms was held adequate, directing the RP and applicant to ensure remittance.
Estoppel by acceptance of payment prevents appellants who unconditionally accepted amounts under the approved resolution plan from belatedly challenging the plan or prior partial rejection of their claims; those appellants are estopped and their appeals dismissed. Claims not substantiated by the proof mandated under Regulation 19 and Schedule II (Form E/Form F and supporting material) were rightly partially rejected by the Liquidator and cannot be reopened on appeal. Judicial interference with a resolution plan approved by 100% of the CoC is very limited; the plan's provision for priority payment of statutory employee dues (EPF, gratuity, earned leave) and enforcement mechanisms was held adequate, directing the RP and applicant to ensure remittance.
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