Drawings/designs supply and erection supervision fees from German contractor: designs non-taxable; supervision taxed as FTS/PE depending on six-month ...
Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
NCLAT dismissed the corporate debtor's appeal and upheld admission of the Section 9 IBC application. It held that the alleged pre-existing disputes were not genuine, real or bona fide. The Tribunal found the cash receipts relied upon by the corporate debtor implausible, noting inconsistencies in dates, unexplained delayed issuance, and the failure to disclose them earlier, including in prior police complaints. The police complaints themselves were held not to constitute a "dispute" under Section 5(6) IBC, as they related to alleged threats rather than the underlying operational debt. Concluding that the disputes were contrived and moonshine, and that default exceeded the threshold, NCLAT sustained the admission order.
NCLAT dismissed the corporate debtor's appeal and upheld admission of the Section 9 IBC application. It held that the alleged pre-existing disputes were not genuine, real or bona fide. The Tribunal found the cash receipts relied upon by the corporate debtor implausible, noting inconsistencies in dates, unexplained delayed issuance, and the failure to disclose them earlier, including in prior police complaints. The police complaints themselves were held not to constitute a "dispute" under Section 5(6) IBC, as they related to alleged threats rather than the underlying operational debt. Concluding that the disputes were contrived and moonshine, and that default exceeded the threshold, NCLAT sustained the admission order.
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