Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Pre-existing dispute over operational debt prevents Section 9 insolvency admission where contemporaneous correspondence and draft settlement material show a plausible, non-spurious contractual dispute. The Tribunal applied the Mobilox test and held that the Adjudicating Authority must only ask whether the defence raises a contention needing further investigation; it cannot decide merits or require prior civil, arbitral or debit-note proceedings as a condition for dispute. Disputed credits, work-completion certificates and settlement documents were treated as matters for fuller adjudication, and the order admitting CIRP was set aside.
Pre-existing dispute over operational debt prevents Section 9 insolvency admission where contemporaneous correspondence and draft settlement material show a plausible, non-spurious contractual dispute. The Tribunal applied the Mobilox test and held that the Adjudicating Authority must only ask whether the defence raises a contention needing further investigation; it cannot decide merits or require prior civil, arbitral or debit-note proceedings as a condition for dispute. Disputed credits, work-completion certificates and settlement documents were treated as matters for fuller adjudication, and the order admitting CIRP was set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4794
Join Channel
TaxTMI 
