Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Resolution professional is entitled to fees and actual expenses incurred until approval of the withdrawal application and handover; Regulation requiring deposit of expenses until approval includes the professional's fee, so payment cannot be limited to the filing date of the withdrawal. The Committee of Creditors exclusively fixes the resolution professional's fees as a commercial decision, and the Adjudicating Authority's jurisdiction to fix fees is limited to cases where the applicant failed to propose fees at CIRP initiation; it cannot generally alter CoC fixation. An order reducing fees without CoC recommendation and without applying the expenses-deposit rule was set aside and remanded for fresh decision in accordance with the Code and regulations.
Resolution professional is entitled to fees and actual expenses incurred until approval of the withdrawal application and handover; Regulation requiring deposit of expenses until approval includes the professional's fee, so payment cannot be limited to the filing date of the withdrawal. The Committee of Creditors exclusively fixes the resolution professional's fees as a commercial decision, and the Adjudicating Authority's jurisdiction to fix fees is limited to cases where the applicant failed to propose fees at CIRP initiation; it cannot generally alter CoC fixation. An order reducing fees without CoC recommendation and without applying the expenses-deposit rule was set aside and remanded for fresh decision in accordance with the Code and regulations.
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