Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
An approved resolution plan cannot be used to reopen or indefinitely re-scrutinise a homebuyer claim already admitted by the resolution professional and reflected in the creditors' list. The verification clause, read holistically, was limited to checking original documents and executing a fresh builder-buyer agreement; it did not permit re-adjudication or rejection after plan approval. Where the claim was timely filed, fully admitted, and the plan had become final, the successful resolution applicant had to implement the plan and honour crystallised liabilities. On the facts, the appellant's entitlement to title and physical possession of the allotted flat was established, and the direction for fresh scrutiny was unsustainable.
An approved resolution plan cannot be used to reopen or indefinitely re-scrutinise a homebuyer claim already admitted by the resolution professional and reflected in the creditors' list. The verification clause, read holistically, was limited to checking original documents and executing a fresh builder-buyer agreement; it did not permit re-adjudication or rejection after plan approval. Where the claim was timely filed, fully admitted, and the plan had become final, the successful resolution applicant had to implement the plan and honour crystallised liabilities. On the facts, the appellant's entitlement to title and physical possession of the allotted flat was established, and the direction for fresh scrutiny was unsustainable.
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