Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
The Appellate Tribunal upheld rejection of the operational creditor's IBC s.9 application and dismissed the appeal, holding that a "pre-existing dispute" barred initiation of CIRP. It found that the information utility record (NeSL) reflected the corporate debtor's authenticated dispute denying the debt, satisfying s.9(5)(ii)(d). Relying on SC precedent in Mobilox, it held that where notice of dispute is received or there is a record of dispute in an information utility, the Adjudicating Authority must reject the s.9 application. The pendency of proceedings under NI Act s.138 did not negate the existence of the recorded dispute.
The Appellate Tribunal upheld rejection of the operational creditor's IBC s.9 application and dismissed the appeal, holding that a "pre-existing dispute" barred initiation of CIRP. It found that the information utility record (NeSL) reflected the corporate debtor's authenticated dispute denying the debt, satisfying s.9(5)(ii)(d). Relying on SC precedent in Mobilox, it held that where notice of dispute is received or there is a record of dispute in an information utility, the Adjudicating Authority must reject the s.9 application. The pendency of proceedings under NI Act s.138 did not negate the existence of the recorded dispute.
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