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    <title>2023 (4) TMI 1178 - KERALA HIGH COURT</title>
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    <description>In settlement proceedings under Chapter XIX-A, an application cannot be rejected for alleged failure of full and true disclosure on a ground inconsistent with the governing regulatory regime. The Kerala High Court held that, for a non-banking financial company, income recognition for interest on non-performing assets must be tested against the applicable RBI framework, and the rejection on that basis was unsustainable. It also found that an isolated issue concerning excess realisation of gold did not, by itself, prove suppression or defeat full and true disclosure. The rejection order was therefore quashed and the settlement application revived for fresh consideration by the Interim Board.</description>
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      <link>https://www.taxtmi.com/caselaws?id=437152</link>
      <description>In settlement proceedings under Chapter XIX-A, an application cannot be rejected for alleged failure of full and true disclosure on a ground inconsistent with the governing regulatory regime. The Kerala High Court held that, for a non-banking financial company, income recognition for interest on non-performing assets must be tested against the applicable RBI framework, and the rejection on that basis was unsustainable. It also found that an isolated issue concerning excess realisation of gold did not, by itself, prove suppression or defeat full and true disclosure. The rejection order was therefore quashed and the settlement application revived for fresh consideration by the Interim Board.</description>
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