Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
In real estate insolvency, where the Section 7 applicants were allottees of one project and the alleged default related only to that project, the NCLAT held that the CIRP should proceed on a project-specific basis. The admission order was modified to confine the insolvency process to Krishna Housing Scheme, since extending it to other projects would prejudice separate homebuyers and stakeholders. The Tribunal further held that claims in the CIRP must also be limited to that project, while the IRP/RP may process claims under the CIRP Regulations and need not adjudicate individual creditor disputes at this stage. Creditors and financial institutions linked to other projects were left free to pursue independent remedies.
In real estate insolvency, where the Section 7 applicants were allottees of one project and the alleged default related only to that project, the NCLAT held that the CIRP should proceed on a project-specific basis. The admission order was modified to confine the insolvency process to Krishna Housing Scheme, since extending it to other projects would prejudice separate homebuyers and stakeholders. The Tribunal further held that claims in the CIRP must also be limited to that project, while the IRP/RP may process claims under the CIRP Regulations and need not adjudicate individual creditor disputes at this stage. Creditors and financial institutions linked to other projects were left free to pursue independent remedies.
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