Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
The appellant challenged the dismissal of its application filed u/s 7 of the Code by the Adjudicating Authority. The key issues were: existence of debt and default, applicability of Vidarbha Industries ratio, judicious application of mind by the Adjudicating Authority, acknowledgment of debt and default by the respondent, and the appellant's right to raise disputed issues through a rejoinder. The NCLAT held that there was outstanding debt and clear default by the respondent, entitling the appellant to file u/s 7. The Adjudicating Authority failed to apply the Vidarbha Industries ratio correctly and ignored the respondent's acknowledgments of debt and default. The appellant was permitted to raise issues through the rejoinder. The NCLAT ruled that the appellant was not duty-bound to assign its debts to EARC. The case was remanded to the Adjudicating Authority for fresh hearing, considering all relevant facts. The appeal was allowed by way of remand.
The appellant challenged the dismissal of its application filed u/s 7 of the Code by the Adjudicating Authority. The key issues were: existence of debt and default, applicability of Vidarbha Industries ratio, judicious application of mind by the Adjudicating Authority, acknowledgment of debt and default by the respondent, and the appellant's right to raise disputed issues through a rejoinder. The NCLAT held that there was outstanding debt and clear default by the respondent, entitling the appellant to file u/s 7. The Adjudicating Authority failed to apply the Vidarbha Industries ratio correctly and ignored the respondent's acknowledgments of debt and default. The appellant was permitted to raise issues through the rejoinder. The NCLAT ruled that the appellant was not duty-bound to assign its debts to EARC. The case was remanded to the Adjudicating Authority for fresh hearing, considering all relevant facts. The appeal was allowed by way of remand.
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