Electronic WhatsApp evidence without authentication or independent corroboration cannot sustain an unexplained-investment addition based on third-part...
Mutual current-account transactions excluded from deemed dividend treatment where no fresh borrowing arose; unsupported unsecured-loan addition also f...
Debt arising under a Del Credere Agent arrangement was held to qualify as "operational debt" under ss. 5(20)-5(21) IBC because the agent assumed responsibility for procurement, supply, invoicing, receipt of payments, and statutory compliance, and became financially liable to the supplier upon the corporate debtor's default, giving it an enforceable claim for amounts due; the admission of the s. 9 application was upheld. Objections based on absence of GST returns/e-way bills were treated as procedural and outweighed by invoices, delivery records, payment documents, and debtor admissions establishing supply and liability; privity objections failed as the arrangement operated as a tri-partite understanding by conduct and notification. Contempt was declined as the RP's clarifications were bona fide. Appeal dismissed - NCLAT
Debt arising under a Del Credere Agent arrangement was held to qualify as "operational debt" under ss. 5(20)-5(21) IBC because the agent assumed responsibility for procurement, supply, invoicing, receipt of payments, and statutory compliance, and became financially liable to the supplier upon the corporate debtor's default, giving it an enforceable claim for amounts due; the admission of the s. 9 application was upheld. Objections based on absence of GST returns/e-way bills were treated as procedural and outweighed by invoices, delivery records, payment documents, and debtor admissions establishing supply and liability; privity objections failed as the arrangement operated as a tri-partite understanding by conduct and notification. Contempt was declined as the RP's clarifications were bona fide. Appeal dismissed - NCLAT
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