Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Approval of a resolution plan under the IBC extinguishes claims not included in the plan, including statutory dues, and the successful resolution applicant acquires the corporate debtor on a clean slate. Applying that principle, the Court found that demand and recovery notices based on liabilities arising before approval of the resolution plan could not be enforced after approval. The impugned notices, being outside the plan, were unsustainable insofar as they sought to recover pre-resolution dues and were set aside.
Approval of a resolution plan under the IBC extinguishes claims not included in the plan, including statutory dues, and the successful resolution applicant acquires the corporate debtor on a clean slate. Applying that principle, the Court found that demand and recovery notices based on liabilities arising before approval of the resolution plan could not be enforced after approval. The impugned notices, being outside the plan, were unsustainable insofar as they sought to recover pre-resolution dues and were set aside.
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