Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
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The Appellate Tribunal affirmed the decision to exclude the Appellant and other unsecured Financial Creditors from the Committee of Creditors (CoC). The key issues were whether the Appellant qualified as a 'related party' and whether its claim as a financial creditor was valid. The Appellant's claim of Rs.195 crores was based on a Deed of Guarantee-cum-Indemnity executed by the Corporate Debtor. However, the Tribunal held that there can be 'financial debt' only when liability or obligation arises from a claim due from any person. Since the Appellant did not disburse the amount of Rs.195 crores to the principal borrower, its claim against the guarantor (Corporate Debtor) could not be admitted. The Tribunal emphasized the statutory requirement of financial statements evidencing the amounts drawn by the Corporate Debtor under a facility to prove the existence of debt. As the Adjudicating Authority had directed a transaction audit report, the parties were given liberty to file fresh applications based on the report's findings regarding the Appellant's status as a 'related party' or a Financial Creditor/secured creditor.
The Appellate Tribunal affirmed the decision to exclude the Appellant and other unsecured Financial Creditors from the Committee of Creditors (CoC). The key issues were whether the Appellant qualified as a 'related party' and whether its claim as a financial creditor was valid. The Appellant's claim of Rs.195 crores was based on a Deed of Guarantee-cum-Indemnity executed by the Corporate Debtor. However, the Tribunal held that there can be 'financial debt' only when liability or obligation arises from a claim due from any person. Since the Appellant did not disburse the amount of Rs.195 crores to the principal borrower, its claim against the guarantor (Corporate Debtor) could not be admitted. The Tribunal emphasized the statutory requirement of financial statements evidencing the amounts drawn by the Corporate Debtor under a facility to prove the existence of debt. As the Adjudicating Authority had directed a transaction audit report, the parties were given liberty to file fresh applications based on the report's findings regarding the Appellant's status as a 'related party' or a Financial Creditor/secured creditor.
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