Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Forensic audit reports commissioned by suspended management lack admissibility where they are unsigned, uncertified, draft-form, bear disclaimers, or are produced by an interested party; such reports raise conflict-of-interest and confidentiality concerns and may be excluded from record. There is no entitlement under the insolvency code for suspended management to unilaterally commission and seek formal judicial acceptance of a forensic/transaction audit where CIRP initiation fraud is not alleged; applications presented on that basis are not maintainable. A resolution professional must form and record his opinion before filing avoidance applications, and where such opinion is recorded and objections can be filed, challenges fail.
Forensic audit reports commissioned by suspended management lack admissibility where they are unsigned, uncertified, draft-form, bear disclaimers, or are produced by an interested party; such reports raise conflict-of-interest and confidentiality concerns and may be excluded from record. There is no entitlement under the insolvency code for suspended management to unilaterally commission and seek formal judicial acceptance of a forensic/transaction audit where CIRP initiation fraud is not alleged; applications presented on that basis are not maintainable. A resolution professional must form and record his opinion before filing avoidance applications, and where such opinion is recorded and objections can be filed, challenges fail.
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