Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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The NCLAT held that, under the approved resolution plan and insolvency framework, the power to admit or re-determine claims vested in the resolution professional, not the successful resolution applicant, and the applicant's right to further verification had lapsed after the stipulated 60-day period. Admitted homebuyer claims supported by payment records, creditor-list inclusion and allotment documents could not be reopened belatedly to defeat implementation of the plan. The Tribunal set aside the direction for fresh scrutiny, ordered allotment of the flats and possession in terms of the allotment letters and builder-buyer agreements on payment of the differential amount, and directed IBBI inquiry into alleged fraud and systemic issues.
The NCLAT held that, under the approved resolution plan and insolvency framework, the power to admit or re-determine claims vested in the resolution professional, not the successful resolution applicant, and the applicant's right to further verification had lapsed after the stipulated 60-day period. Admitted homebuyer claims supported by payment records, creditor-list inclusion and allotment documents could not be reopened belatedly to defeat implementation of the plan. The Tribunal set aside the direction for fresh scrutiny, ordered allotment of the flats and possession in terms of the allotment letters and builder-buyer agreements on payment of the differential amount, and directed IBBI inquiry into alleged fraud and systemic issues.
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