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        The NCLAT dismissed the appeal challenging the exclusion of 18%...

        Appeal dismissed on excluding 18% interest on delayed lease rent during CIRP under Lease Deed terms

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The NCLAT dismissed the appeal challenging the exclusion of 18% per annum interest on delayed lease rent payments during the CIRP period. The Tribunal emphasized that the written Lease Deed, which provided for a 5% annual rent escalation, did not contemplate interest on delayed payments. Interest claims reflected in invoices are ineffective without proof of acceptance or actual payment by the corporate debtor. Prior rulings confirm that interest entitlement requires either contractual stipulation or conduct evidencing agreement. The CIRP cost was correctly calculated excluding the 18% interest, as the Lease Deed had expired before CIRP commencement. The appellant's reliance on pre-CIRP interest admission was insufficient to establish entitlement to interest as CIRP cost. Consequently, the appeal lacked merit and was dismissed.
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                                ActsIncome Tax
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