Priority of set-off: brought forward business losses must be adjusted before unabsorbed depreciation; procedural safeguards required for invoking rest...
Tribunal upheld the Resolution Professional's conduct in not admitting the Income Tax Department's claim during CIRP, finding repeated requests for assessment orders and that the Department delayed filing for admission before the Adjudicating Authority; therefore no irregularity by the RP. Applying the statutory waterfall mechanism to admitted liquidation and plan figures, the Tribunal concluded the plan allocation to the Department exceeded what it would have received pro rata had its claim been admitted, so the Department was not prejudiced in recoverable quantum and the appeal was dismissed.
Tribunal upheld the Resolution Professional's conduct in not admitting the Income Tax Department's claim during CIRP, finding repeated requests for assessment orders and that the Department delayed filing for admission before the Adjudicating Authority; therefore no irregularity by the RP. Applying the statutory waterfall mechanism to admitted liquidation and plan figures, the Tribunal concluded the plan allocation to the Department exceeded what it would have received pro rata had its claim been admitted, so the Department was not prejudiced in recoverable quantum and the appeal was dismissed.
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