Alternate statutory remedy governs GST assessment challenge, with statutory appeal preserved and limitation objection barred for the permitted filing ...
Section 10A bars CIRP for defaults arising during its protected period. A cash-credit default requires non-payment of a debt that is legally due and presently payable; deferred interest recovery and the absence of a demand under an on-demand facility may prevent an actionable default. For an ad hoc cash-credit facility, a repayment period running from the date of availment excludes that first day, so default arises only after the period expires. Amendment of a Section 7 application may be permitted, but a substituted default date must be supported by pleaded facts and evidence, particularly where Section 10A permanently affects maintainability.
Section 10A bars CIRP for defaults arising during its protected period. A cash-credit default requires non-payment of a debt that is legally due and presently payable; deferred interest recovery and the absence of a demand under an on-demand facility may prevent an actionable default. For an ad hoc cash-credit facility, a repayment period running from the date of availment excludes that first day, so default arises only after the period expires. Amendment of a Section 7 application may be permitted, but a substituted default date must be supported by pleaded facts and evidence, particularly where Section 10A permanently affects maintainability.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4884 
