Electronic WhatsApp evidence without authentication or independent corroboration cannot sustain an unexplained-investment addition based on third-part...
Mutual current-account transactions excluded from deemed dividend treatment where no fresh borrowing arose; unsupported unsecured-loan addition also f...
Maintainability of application u/s 7 of IBC examined. Existence of debt and default established through Loan Agreement, Promissory Note, Audit Report, and Record of Default from Information Utility. Corporate Debtor's contention of loan being for general corporate purposes rejected. Stamping issue does not negate substantive evidence of debt and default. Adjudicating Authority's dismissal of application erroneous. Appeal allowed, impugned order set aside.
Maintainability of application u/s 7 of IBC examined. Existence of debt and default established through Loan Agreement, Promissory Note, Audit Report, and Record of Default from Information Utility. Corporate Debtor's contention of loan being for general corporate purposes rejected. Stamping issue does not negate substantive evidence of debt and default. Adjudicating Authority's dismissal of application erroneous. Appeal allowed, impugned order set aside.
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