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...
Regulation 31A(11) permits the stakeholders' consultation committee, by the prescribed majority, to propose replacement of a liquidator, and the Adjudicating Authority may assess whether continuation is conducive to liquidation; the liquidator has no proprietary right in office and is not a person aggrieved merely because of removal, so the challenge was not maintainable. On related party status, the Tribunal held that pledged shares not invoked, lender monitoring, observer appointment, escrow oversight, restructuring supervision, and advisory engagement did not by themselves amount to management or policy control under Section 5(24) of the IBC. EARCL was therefore not treated as a related party, and its voting participation was upheld.
Regulation 31A(11) permits the stakeholders' consultation committee, by the prescribed majority, to propose replacement of a liquidator, and the Adjudicating Authority may assess whether continuation is conducive to liquidation; the liquidator has no proprietary right in office and is not a person aggrieved merely because of removal, so the challenge was not maintainable. On related party status, the Tribunal held that pledged shares not invoked, lender monitoring, observer appointment, escrow oversight, restructuring supervision, and advisory engagement did not by themselves amount to management or policy control under Section 5(24) of the IBC. EARCL was therefore not treated as a related party, and its voting participation was upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
