Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Section 9 insolvency proceedings require a clear and undisputed operational debt and default; where contemporaneous records, emails, invoices and payment entries reveal a genuine dispute over whether freight and allied charges were already discharged, the Adjudicating Authority must refuse summary insolvency relief. A later settlement between the creditor and a third party did not conclusively establish the corporate debtor's liability, especially where the debtor was not a party and the alleged assignment arose after the original transaction. The Tribunal reaffirmed that the IBC cannot be used as a substitute for recovery proceedings when disputed contractual claims need detailed factual adjudication, and it upheld rejection of the Section 9 application.
Section 9 insolvency proceedings require a clear and undisputed operational debt and default; where contemporaneous records, emails, invoices and payment entries reveal a genuine dispute over whether freight and allied charges were already discharged, the Adjudicating Authority must refuse summary insolvency relief. A later settlement between the creditor and a third party did not conclusively establish the corporate debtor's liability, especially where the debtor was not a party and the alleged assignment arose after the original transaction. The Tribunal reaffirmed that the IBC cannot be used as a substitute for recovery proceedings when disputed contractual claims need detailed factual adjudication, and it upheld rejection of the Section 9 application.
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