Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
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...
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
Section 29A(f) of the Insolvency and Bankruptcy Code applies where there is an operative SEBI order prohibiting a person from accessing the securities market or trading in securities. Because the appellant fell within the class covered by the 26.06.2018 SEBI prohibition, and that order had neither been set aside nor successfully challenged, the Adjudicating Authority was not required to examine its correctness or validity in insolvency proceedings. Authorities on Companies Act disqualification and moratorium-based recovery were inapplicable. The appellant was therefore ineligible to submit a resolution plan, and rejection of the application was upheld.
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