Revenue neutrality in domestic related-party loans can require deletion of interest transfer pricing adjustments after domestic-transaction verificati...
Pre-enactment land-sale agreements escape stamp-duty value substitution where substantial banking-channel consideration was received before Section 43...
A consortium under a resolution process could not be reconstituted after the original resolution plan had already been approved by the CoC. The Tribunal held that the RFRP clause permitting a change in consortium applied only before plan approval, because eligibility, financial strength, feasibility and viability had already been assessed on the original consortium and its consortium agreement. Induction of a new member with a substantial shareholding after approval created a reconstituted applicant outside the final list of prospective resolution applicants, contrary to the RFRP and the CIRP framework. The plea based on CoC commercial wisdom was rejected, as judicial deference does not extend to plans that fail statutory and process compliance. The remand for reconsideration was upheld.
A consortium under a resolution process could not be reconstituted after the original resolution plan had already been approved by the CoC. The Tribunal held that the RFRP clause permitting a change in consortium applied only before plan approval, because eligibility, financial strength, feasibility and viability had already been assessed on the original consortium and its consortium agreement. Induction of a new member with a substantial shareholding after approval created a reconstituted applicant outside the final list of prospective resolution applicants, contrary to the RFRP and the CIRP framework. The plea based on CoC commercial wisdom was rejected, as judicial deference does not extend to plans that fail statutory and process compliance. The remand for reconsideration was upheld.
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