Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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At the Section 7 admission stage, financial debt must be assessed by including interest payable under the underlying financial arrangement where the surrounding evidence supports that liability. Inter corporate deposit transactions, demand letters specifying principal and interest, the corporate debtor's request for time to repay the entire amount, prior repayment conduct, and TDS deductions may cumulatively establish acknowledgment of the interest component. A written agreement is not indispensable if subsequent conduct corroborates the arrangement. Excluding interest and considering only principal can therefore understate the debt for applying the statutory threshold, resulting in restoration of the Section 7 application subject to the permitted payment timeline.
At the Section 7 admission stage, financial debt must be assessed by including interest payable under the underlying financial arrangement where the surrounding evidence supports that liability. Inter corporate deposit transactions, demand letters specifying principal and interest, the corporate debtor's request for time to repay the entire amount, prior repayment conduct, and TDS deductions may cumulatively establish acknowledgment of the interest component. A written agreement is not indispensable if subsequent conduct corroborates the arrangement. Excluding interest and considering only principal can therefore understate the debt for applying the statutory threshold, resulting in restoration of the Section 7 application subject to the permitted payment timeline.
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