Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan app...
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastru...
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filin...
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental ...
Insolvency and BankruptcyAugust 16, 2019Case LawsTri
Maintainability CIRP application - the amount paid to the CD towards brokerage can be "financial debt"? - There is nothing on record to show that the financial creditor gave loan after complying the conditions stated in section 186(2),(3) of the Companies Act - the transaction as potrayed by the financial creditor against the CD cannot be recognized as the transaction of loan - hence There is no default in paying such debt - application dismissed
Maintainability CIRP application - the amount paid to the CD towards brokerage can be "financial debt"? - There is nothing on record to show that the financial creditor gave loan after complying the conditions stated in section 186(2),(3) of the Companies Act - the transaction as potrayed by the financial creditor against the CD cannot be recognized as the transaction of loan - hence There is no default in paying such debt - application dismissed
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