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...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
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The NCLAT dismissed the appeal and upheld the Adjudicating Authority's order admitting the Operational Creditor's application for initiating CIRP against the Corporate Debtor. The key findings were: The Corporate Debtor admitted the outstanding operational debt exceeding the threshold limit through letters and emails. The alleged pre-existing disputes raised by the Corporate Debtor lacked credible evidence and appeared to be a moonshine defense. The Corporate Debtor failed to substantiate the claim of misappropriation of goods by the Operational Creditor. All conditions for initiating CIRP u/s 9 were fulfilled, and the Adjudicating Authority rightly admitted the application.
The NCLAT dismissed the appeal and upheld the Adjudicating Authority's order admitting the Operational Creditor's application for initiating CIRP against the Corporate Debtor. The key findings were: The Corporate Debtor admitted the outstanding operational debt exceeding the threshold limit through letters and emails. The alleged pre-existing disputes raised by the Corporate Debtor lacked credible evidence and appeared to be a moonshine defense. The Corporate Debtor failed to substantiate the claim of misappropriation of goods by the Operational Creditor. All conditions for initiating CIRP u/s 9 were fulfilled, and the Adjudicating Authority rightly admitted the application.
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