Mark-to-Market losses on principal-protected debentures are deductible as business expenditure when the obligation is crystallized under mercantile ac...
Deferred Payment of Customs Duty extended to Eligible Manufacturer Importers with electronic registration and ICEGATE authentication for conditional c...
Tariff classification determines GST schedule and rate; beverages in Schedule III attract the higher rate, tea extracts and syrups in Schedule I attra...
Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Threshold scrutiny of locus standi under Section 94 IBC is permissible because the tribunal must first verify the jurisdictional fact of personal guarantor status before assuming jurisdiction; that inquiry goes only to maintainability and does not decide insolvency merits. The text also notes that the Section 97 process, including appointment of a Resolution Professional, is not automatic unless the application is validly instituted. On the facts, the applicant was described only as a co-borrower, produced no guarantee deed despite opportunity, and a later demand notice could not by itself establish guarantor status, so the application was not entertainable.
Threshold scrutiny of locus standi under Section 94 IBC is permissible because the tribunal must first verify the jurisdictional fact of personal guarantor status before assuming jurisdiction; that inquiry goes only to maintainability and does not decide insolvency merits. The text also notes that the Section 97 process, including appointment of a Resolution Professional, is not automatic unless the application is validly instituted. On the facts, the applicant was described only as a co-borrower, produced no guarantee deed despite opportunity, and a later demand notice could not by itself establish guarantor status, so the application was not entertainable.
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