Rectification of apparent typographical errors may proceed without hearing when tax liability, input tax credit, and ruling substance remain unchanged...
Prior disposal of reopening objections is mandatory before scrutiny notice; premature scrutiny invalidates reassessment and consequential assessment o...
Related-party financial creditors are excluded from...
Related-party creditor exclusion bars CoC participation where lender rights show policy-making involvement, and post-CIRP assignment cannot cure ineligibility.
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Related-party financial creditors are excluded from representation, participation and voting in the Committee of Creditors where their contractual rights demonstrate participation in the corporate debtor's policy-making and business affairs. Such participation does not require the proactive control required for Section 29A; rights over board nomination, deadlock decisions, budgets, management, revenues and project execution can suffice. An uninvoked corporate guarantee may still give rise to financial debt for claim admission after CIRP begins. Individual homebuyers may challenge related-party inclusion despite the authorised representative's role. A post-CIRP assignment intended to evade related-party exclusion does not make the assignee eligible for CoC participation.
Related-party financial creditors are excluded from representation, participation and voting in the Committee of Creditors where their contractual rights demonstrate participation in the corporate debtor's policy-making and business affairs. Such participation does not require the proactive control required for Section 29A; rights over board nomination, deadlock decisions, budgets, management, revenues and project execution can suffice. An uninvoked corporate guarantee may still give rise to financial debt for claim admission after CIRP begins. Individual homebuyers may challenge related-party inclusion despite the authorised representative's role. A post-CIRP assignment intended to evade related-party exclusion does not make the assignee eligible for CoC participation.
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