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...
NCLAT held that fund infusion by appellant into corporate debtor qualified as financial debt under IBC Section 5(8), despite absence of explicit interest clause. Following Orator judgment, tribunal confirmed that interest-free loans aren't excluded from financial debt definition. Time value of money was evidenced through commercial benefits and enhanced economic prospects expected by appellant. Tribunal found error in lower authority's characterization of transaction as mere business arrangement. Matter remanded to adjudicating authority to determine if default threshold met for Section 7 admission. Key amount claimed in default: Rs.42,47,32,067 including interest on principal loan of Rs.39,84,72,111 advanced as financial assistance.
NCLAT held that fund infusion by appellant into corporate debtor qualified as financial debt under IBC Section 5(8), despite absence of explicit interest clause. Following Orator judgment, tribunal confirmed that interest-free loans aren't excluded from financial debt definition. Time value of money was evidenced through commercial benefits and enhanced economic prospects expected by appellant. Tribunal found error in lower authority's characterization of transaction as mere business arrangement. Matter remanded to adjudicating authority to determine if default threshold met for Section 7 admission. Key amount claimed in default: Rs.42,47,32,067 including interest on principal loan of Rs.39,84,72,111 advanced as financial assistance.
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