Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
Prior appellate adjudication had already conclusively rejected inclusion of the foreign oil and gas assets in the CIRP of Videocon Industries Ltd, so the later order directing inclusion could not stand. The Tribunal also held that a holding company and its subsidiary remain separate legal persons, and that co-extensive guarantor liability does not permit importing a subsidiary's assets into the guarantor's CIRP. On the resolution plan challenge, it accepted that pre-existing contractual rights, including a right of first refusal, could be respected because an approved plan must be implementable and the Committee of Creditors could, in its commercial wisdom, pursue a feasible value-maximising structure. The order approving consummation of the BPRL transaction was upheld.
Prior appellate adjudication had already conclusively rejected inclusion of the foreign oil and gas assets in the CIRP of Videocon Industries Ltd, so the later order directing inclusion could not stand. The Tribunal also held that a holding company and its subsidiary remain separate legal persons, and that co-extensive guarantor liability does not permit importing a subsidiary's assets into the guarantor's CIRP. On the resolution plan challenge, it accepted that pre-existing contractual rights, including a right of first refusal, could be respected because an approved plan must be implementable and the Committee of Creditors could, in its commercial wisdom, pursue a feasible value-maximising structure. The order approving consummation of the BPRL transaction was upheld.
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