Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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IBC's overriding effect was held to displace inconsistent contractual or prior statutory claims, and the approved resolution plan was binding on all stakeholders, including shareholders and the State. A shareholder of the corporate debtor had no independent right in project or leasehold assets, so dilution of that interest under the CIRP was a statutory insolvency consequence, not a violation of Article 300A. The Court also rejected Article 14 and plan-modification objections, holding that retention of the operator fell within commercial discretion and supported going-concern continuity. Fresh tender and FDI-based challenges were declined as matters within the insolvency framework and regulatory domain. Re-litigation was treated as abuse of process, and costs were upheld.
IBC's overriding effect was held to displace inconsistent contractual or prior statutory claims, and the approved resolution plan was binding on all stakeholders, including shareholders and the State. A shareholder of the corporate debtor had no independent right in project or leasehold assets, so dilution of that interest under the CIRP was a statutory insolvency consequence, not a violation of Article 300A. The Court also rejected Article 14 and plan-modification objections, holding that retention of the operator fell within commercial discretion and supported going-concern continuity. Fresh tender and FDI-based challenges were declined as matters within the insolvency framework and regulatory domain. Re-litigation was treated as abuse of process, and costs were upheld.
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