Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 Case Laws - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party Name: ?
Party name / Appeal No.
Law:
---- All Laws----
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts: ?
Select Court or Tribunal
---- All Courts ----
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal / NCLT & Others
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
In Favour Of: New
---- In Favour Of ----
  • ---- In Favour Of ----
  • Assessee
  • In favour of Assessee
  • Partly in favour of Assessee
  • Revenue
  • In favour of Revenue
  • Partly in favour of Revenue
  • Appellant / Petitioner
  • In favour of Appellant
  • In favour of Petitioner
  • In favour of Respondent
  • Partly in favour of Appellant
  • Partly in favour of Petitioner
  • Others
  • Neutral (alternate remedy)
  • Neutral (Others)
Landmark: ?
Where case is referred in other cases
---- All Cases ----
  • ---- All Cases ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
Situ: ?
State Name or City name of the Court.
Eg: Madhya Pradesh, Orissa, Hyderabad

Use comma for multiple locations.

AY/FY: New?
Enter only the year or year range (e.g., 2025, 2025–26, or 2025–2026).
Include Word: ?
Searches for this word in Main (Whole) Text
Exclude Word: ?
This word will not be present in Main (Whole) Text
From Date: ?
Date of order
To Date:

---------------- For section wise search only -----------------


Statute Type: ?
This filter alone wont work. 1st select a law > statute > section from below filter
New
---- All Statutes----
  • ---- All Statutes ----
  • Select the law first, to see the statutes list
Sections: ?
Select a statute to see the list of sections here
New
---- All Sections ----
  • ---- All Sections ----
  • Select the statute first, to see the sections list

Accuracy Level ~ 90%



TMI Citation:
Year
  • Year
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example : 2024 (6) TMI 204
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
TMI Citation
    No Records Found
    ❯❯
    MaximizeMaximizeMaximize
    0 / 200
    Expand Note
    Add to Folder

    No Folders have been created

      +

      Are you sure you want to delete "My most important" ?

      NOTE:

      Case Laws
      Showing Results for :
      Reset Filters
      Results Found:
      AI TextQuick Glance by AIHeadnote
      Show All SummariesHide All Summaries
      No Records Found

      Case Laws

      Back

      All Case Laws

      Showing Results for :
      Reset Filters
      Showing
      Records
      ExpandCollapse
        No Records Found

        Case Laws

        Back

        All Case Laws

        whatsappJoin Channel
        Showing Results for : Reset Filters
        Case ID :
        Insolvency and Bankruptcy

        2020 (8) TMI 544 - AT - Insolvency and Bankruptcy

        📋
        Contents
        Note

        Note

        -

        Bookmark

        print

        Print

        Login to TaxTMI
        Verification Pending

        The Email Id has not been verified. Click on the link we have sent on

        Didn't receive the mail? Resend Mail

        Don't have an account? Register Here

        Appeal allowed, order set aside. Remanded for fresh decision. Emphasizing detailed reasoning for fairness. The appeal was allowed, setting aside the impugned order. The case was remanded to the Adjudicating Authority (NCLT), Chennai, for a fresh decision, ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Appeal allowed, order set aside. Remanded for fresh decision. Emphasizing detailed reasoning for fairness.

                            The appeal was allowed, setting aside the impugned order. The case was remanded to the Adjudicating Authority (NCLT), Chennai, for a fresh decision, emphasizing the need for detailed reasoning to ensure fairness and transparency in quasi-judicial decisions.




                            Issues Involved:
                            1. Entitlement to claim damages and compensation.
                            2. Reasons for rejection of claims by the Liquidator.
                            3. Applicability of interest on the claimed amount.
                            4. Limitation and maintainability of the appeal.
                            5. Validity of the Liquidator's decision and adherence to Section 40 of the I&B Code.

                            Detailed Analysis:

                            1. Entitlement to Claim Damages and Compensation:
                            The primary issue was whether the Appellant was entitled to claim damages and compensation amounting to Rs. 2.35 Crores and interest of Rs. 2.90 Crores. The Adjudicating Authority observed that the Corporate Debtor never agreed to pay these amounts, and the claims were not crystallized in any agreement between the parties. Consequently, the Liquidator rightly rejected these claims.

                            2. Reasons for Rejection of Claims by the Liquidator:
                            The Appellant contended that the Liquidator failed to provide detailed reasons for rejecting the claims as required under Section 40 of the I&B Code. The Adjudicating Authority acknowledged that while the Liquidator did not provide detailed reasons, it did not imply that no reasons were given. However, the Tribunal found that the Liquidator's failure to provide detailed reasoning was incorrect and legally untenable, emphasizing that a reasoned order is essential to avoid arbitrariness.

                            3. Applicability of Interest on the Claimed Amount:
                            The Appellant argued that interest could be awarded on equitable grounds, citing the Supreme Court's decision in Sovintorg (India) v. State Bank of India. The Respondent countered that there was no provision for interest in the agreement between the parties, and hence the Liquidator's rejection of the interest claim was tenable. The Tribunal, however, highlighted that interest due on damages for contract violations gives rise to a legal right to claim payment and qualifies as an actionable claim.

                            4. Limitation and Maintainability of the Appeal:
                            The Respondent argued that the appeal was not maintainable as the claim was hit by limitation and was partly accepted due to pending arbitration proceedings. The Tribunal noted that the pendency of arbitration was enough to exhibit a dispute, which justified the Liquidator's rejection of the claim. However, the Tribunal found that the Liquidator's decision lacked detailed reasoning, which was a procedural lapse.

                            5. Validity of the Liquidator's Decision and Adherence to Section 40 of the I&B Code:
                            The Tribunal emphasized that the Liquidator, acting as a quasi-judicial authority, must provide detailed reasons for rejecting claims. The failure to do so in this case was a significant procedural lapse. The Tribunal held that the Adjudicating Authority's observation that reasons were not required in detail was incorrect. The Tribunal set aside the impugned order and directed the Adjudicating Authority to restore the application and pass a fresh order on merits, ensuring adherence to the principles of natural justice and providing detailed reasons for any rejection of claims.

                            Conclusion:
                            The appeal was allowed, and the impugned order dated 26.08.2019 was set aside. The case was remanded to the Adjudicating Authority (NCLT), Chennai, to pass a fresh order on merits after providing adequate opportunities to both parties to present their factual and legal arguments. The Tribunal stressed the importance of detailed reasoning in orders to ensure transparency and fairness in quasi-judicial decisions.
                            Full Summary is available for active users!
                            Note: It is a system-generated summary and is for quick reference only.

                            Topics

                            ActsIncome Tax
                            No Records Found