Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
NCLAT held that a resolution plan was non-responsive where the earnest money deposit was not actually credited within the time required by the RFRP; debit of the bidder's account on the due date was insufficient, and the Resolution Professional erred in accepting the bid. The Tribunal also held that a dissenting financial creditor had locus to challenge the process because its objections had already been raised in CoC meetings and concerned alleged violations of the Code and value maximisation. Finding that the continuation of the CIRP against the corporate debtor and the role of the Resolution Professional required reassessment, the Tribunal set aside the impugned order, declared the Valentis plan invalid, and directed evaluation of the remaining plans and legal scrutiny of whether the CIRP still subsisted.
NCLAT held that a resolution plan was non-responsive where the earnest money deposit was not actually credited within the time required by the RFRP; debit of the bidder's account on the due date was insufficient, and the Resolution Professional erred in accepting the bid. The Tribunal also held that a dissenting financial creditor had locus to challenge the process because its objections had already been raised in CoC meetings and concerned alleged violations of the Code and value maximisation. Finding that the continuation of the CIRP against the corporate debtor and the role of the Resolution Professional required reassessment, the Tribunal set aside the impugned order, declared the Valentis plan invalid, and directed evaluation of the remaining plans and legal scrutiny of whether the CIRP still subsisted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
