Revenue classification: agricultural land treated as capital asset under s.2(14)(iii)(b); consideration fixed at Rs.1,00,44,000; s.54F exemption allow...
Appeal allowed, exemption under section 11 restored for not-for-profit company under section 12A carrying out charitable activities including micro-fi...
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NCLAT affirmed the AA's admission of the Section 7 application, dismissing the appeal. The Tribunal held the asserted Rs.2,50,00,000 obligation constituted "financial debt" under Section 5(8) of the IBC, noting consistent acknowledgement in the corporate debtor's audited balance sheets for FY 2017-18, 2018-19, 2020-21, 2021-22 and 2022-23. Pursuant to Section 18 of the Limitation Act, those acknowledgements extended the limitation period, rendering the Section 7 petition filed on 30.03.2024 time-barred. On review of materials, the AA correctly found debt and default; no infirmity was shown in admitting the petition. The appeal lacked merit and was dismissed.
NCLAT affirmed the AA's admission of the Section 7 application, dismissing the appeal. The Tribunal held the asserted Rs.2,50,00,000 obligation constituted "financial debt" under Section 5(8) of the IBC, noting consistent acknowledgement in the corporate debtor's audited balance sheets for FY 2017-18, 2018-19, 2020-21, 2021-22 and 2022-23. Pursuant to Section 18 of the Limitation Act, those acknowledgements extended the limitation period, rendering the Section 7 petition filed on 30.03.2024 time-barred. On review of materials, the AA correctly found debt and default; no infirmity was shown in admitting the petition. The appeal lacked merit and was dismissed.
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