Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
An insolvency resolution professional was found to have failed to ensure that the approved resolution plan complied with Section 29A, Section 30(2) and Regulation 38(3)(e), leading to adverse findings and a referral for investigation. The NCLAT held that those findings were not malicious, perverse, or contrary to the record because they rested on an earlier coordinate Bench order already affirmed by the Supreme Court, and also on independent disciplinary proceedings where misconduct had been established and penalty imposed. It declined to re-examine the same allegations or take a contrary view, and dismissed the appeal.
An insolvency resolution professional was found to have failed to ensure that the approved resolution plan complied with Section 29A, Section 30(2) and Regulation 38(3)(e), leading to adverse findings and a referral for investigation. The NCLAT held that those findings were not malicious, perverse, or contrary to the record because they rested on an earlier coordinate Bench order already affirmed by the Supreme Court, and also on independent disciplinary proceedings where misconduct had been established and penalty imposed. It declined to re-examine the same allegations or take a contrary view, and dismissed the appeal.
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