Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Once a Section 9 application was admitted and an interim resolution professional appointed, control of the corporate debtor's affairs vested in the IRP, so a suspended director could not file an appeal in the corporate debtor's name as its authorised representative. The appeal was inherently non-maintainable at inception, not a curable procedural defect, and the NCLAT erred in allowing later amendment of the cause title and memo of appeal. Given the strict limitation regime under the Code, with only a limited condonable period, the belated attempt to convert the incompetent appeal into a valid one was rejected. The appeal was dismissed on this ground alone.
Once a Section 9 application was admitted and an interim resolution professional appointed, control of the corporate debtor's affairs vested in the IRP, so a suspended director could not file an appeal in the corporate debtor's name as its authorised representative. The appeal was inherently non-maintainable at inception, not a curable procedural defect, and the NCLAT erred in allowing later amendment of the cause title and memo of appeal. Given the strict limitation regime under the Code, with only a limited condonable period, the belated attempt to convert the incompetent appeal into a valid one was rejected. The appeal was dismissed on this ground alone.
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