Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
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The NCLAT dismissed the appeal, holding that the insolvency resolution application against the personal guarantor was filed within the prescribed limitation period. The tribunal emphasized that the OTS proposal, though not submitted before the Adjudicating Authority, was a material acknowledgment of debt extending the limitation period. The letter dated 19.03.2018 by the appellant as director acknowledged the debt and the failure of the restructuring agreement, thereby reviving limitation. The limitation period commenced from the expiry of the 60-day notice under Section 13(2) and was extended by the acknowledgment letter, making the application served on 10.05.2022 timely. The appeal lacked merit and was accordingly dismissed.
The NCLAT dismissed the appeal, holding that the insolvency resolution application against the personal guarantor was filed within the prescribed limitation period. The tribunal emphasized that the OTS proposal, though not submitted before the Adjudicating Authority, was a material acknowledgment of debt extending the limitation period. The letter dated 19.03.2018 by the appellant as director acknowledged the debt and the failure of the restructuring agreement, thereby reviving limitation. The limitation period commenced from the expiry of the 60-day notice under Section 13(2) and was extended by the acknowledgment letter, making the application served on 10.05.2022 timely. The appeal lacked merit and was accordingly dismissed.
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