Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
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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