Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Moratorium under Section 14(1) prevents initiation or continuation of statutory assessment proceedings during CIRP, and assessments completed in the moratorium cannot form admissible CIRP claims; claims founded on such assessments are unenforceable. Claims filed after Committee of Creditors approval of a resolution plan cannot be entertained as time-barred because allowing them would reopen the resolution process. The Resolution Professional did not breach disclosure obligations where EPFO proceedings were not notified within the claim period and were absent from the suspended management's litigation list. Consequent adverse findings against the RP are expunged and the EPFO claim admission set aside.
Moratorium under Section 14(1) prevents initiation or continuation of statutory assessment proceedings during CIRP, and assessments completed in the moratorium cannot form admissible CIRP claims; claims founded on such assessments are unenforceable. Claims filed after Committee of Creditors approval of a resolution plan cannot be entertained as time-barred because allowing them would reopen the resolution process. The Resolution Professional did not breach disclosure obligations where EPFO proceedings were not notified within the claim period and were absent from the suspended management's litigation list. Consequent adverse findings against the RP are expunged and the EPFO claim admission set aside.
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