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Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
Induction of a strategic investor into a bidding consortium under Regulation 39(1B) was held compliant where the consortium disclosed the investor in a revised plan, the resolution professional performed eligibility and Section 29A checks, a consortium agreement existed, revised plans were circulated and e voting occurred; the induction was not a surreptitious circumvention and related RFRP contractual modification was permissible, so the contrary finding was set aside. The alleged material irregularity for delayed circulation to erstwhile directors failed on the documented chronology and e voting opportunity. The CoC's unanimous commercial choice was treated as within its commercial wisdom and not for substitution by the adjudicatory forum.
Induction of a strategic investor into a bidding consortium under Regulation 39(1B) was held compliant where the consortium disclosed the investor in a revised plan, the resolution professional performed eligibility and Section 29A checks, a consortium agreement existed, revised plans were circulated and e voting occurred; the induction was not a surreptitious circumvention and related RFRP contractual modification was permissible, so the contrary finding was set aside. The alleged material irregularity for delayed circulation to erstwhile directors failed on the documented chronology and e voting opportunity. The CoC's unanimous commercial choice was treated as within its commercial wisdom and not for substitution by the adjudicatory forum.
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