Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
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Winding up is not maintainable where the claimed debt is bona fide disputed and the liability depends on unresolved questions of fact. The Court applied this principle to a petition based on unpaid price for supplied goods, noting a serious dispute over the agreed rates, the company's account statement indicating excess payment, and the seller's failure to pursue reconciliation despite a request. As the factual assertions in the reply were not controverted, the dispute was treated as genuine and substantial. The winding up petition was rejected, and both sides were left free to pursue their claims before the appropriate forum.
Winding up is not maintainable where the claimed debt is bona fide disputed and the liability depends on unresolved questions of fact. The Court applied this principle to a petition based on unpaid price for supplied goods, noting a serious dispute over the agreed rates, the company's account statement indicating excess payment, and the seller's failure to pursue reconciliation despite a request. As the factual assertions in the reply were not controverted, the dispute was treated as genuine and substantial. The winding up petition was rejected, and both sides were left free to pursue their claims before the appropriate forum.
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