Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
A pre-CIRP concession agreement that had already been terminated could not be compelled to revive through an approved resolution plan or a later implementation order, because it no longer formed part of the CIRP estate in a manner permitting such direction. The NCLAT held that the Adjudicating Authority had exceeded its permissible scope by directing the appellant, who was not a CIRP participant, to act on the plan insofar as it required revival of the agreement. The order was modified to remove any such direction, while the parties were left free to pursue conciliation or arbitration in accordance with law.
A pre-CIRP concession agreement that had already been terminated could not be compelled to revive through an approved resolution plan or a later implementation order, because it no longer formed part of the CIRP estate in a manner permitting such direction. The NCLAT held that the Adjudicating Authority had exceeded its permissible scope by directing the appellant, who was not a CIRP participant, to act on the plan insofar as it required revival of the agreement. The order was modified to remove any such direction, while the parties were left free to pursue conciliation or arbitration in accordance with law.
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