Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
Section 19 of the Insolvency and Bankruptcy Code permits coercive assistance only from the corporate debtor's personnel, promoters, or other persons associated with management, and only where the information sought is shown to be necessary for CIRP purposes and within the recipient's possession. A former statutory auditor, being an independent professional and not ordinarily part of management, could not be compelled on that basis to furnish documents, continue audit work, or issue a no-objection resignation. The directions were also unsustainable because the tribunal had not verified possession of the documents, and the insolvency process had already progressed to approval of a resolution plan and later liquidation, making continued insistence on the information futile. The order was set aside.
Section 19 of the Insolvency and Bankruptcy Code permits coercive assistance only from the corporate debtor's personnel, promoters, or other persons associated with management, and only where the information sought is shown to be necessary for CIRP purposes and within the recipient's possession. A former statutory auditor, being an independent professional and not ordinarily part of management, could not be compelled on that basis to furnish documents, continue audit work, or issue a no-objection resignation. The directions were also unsustainable because the tribunal had not verified possession of the documents, and the insolvency process had already progressed to approval of a resolution plan and later liquidation, making continued insistence on the information futile. The order was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4916 
