Dispute Resolution Panel objections must reach both prescribed forums; otherwise assessment may proceed and statutory appeal remains the proper remedy...
Political contribution deductions require recipient party compliance with contribution-reporting conditions; banking-channel donations alone do not qu...
Aggregation under TNMM prevents selective testing of intra-group services without comparable uncontrolled transactions, while appellate additional cla...
Protective assessment cannot duplicate identical receipts under competing characterisations; remote services did not establish a taxable permanent est...
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.
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