Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Right of appeal under Section 61 is confined to a person whose legal rights are directly affected, and a collateral grievance from a separate CIRP does not confer locus standi. The appellant was not a stakeholder in the CIRP of Afcan Impex Pvt. Ltd., so it was not a person aggrieved. On merits, the Tribunal found no established ineligibility of the resolution applicant under Section 29A: mere association with another company in CIRP was insufficient, no NPA classification material was shown, and disqualification under Section 164 could not be presumed without a formal declaration. Fresh objections were also not entertained in appeal, and the implemented resolution plan was treated as final.
Right of appeal under Section 61 is confined to a person whose legal rights are directly affected, and a collateral grievance from a separate CIRP does not confer locus standi. The appellant was not a stakeholder in the CIRP of Afcan Impex Pvt. Ltd., so it was not a person aggrieved. On merits, the Tribunal found no established ineligibility of the resolution applicant under Section 29A: mere association with another company in CIRP was insufficient, no NPA classification material was shown, and disqualification under Section 164 could not be presumed without a formal declaration. Fresh objections were also not entertained in appeal, and the implemented resolution plan was treated as final.
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