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Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Limitation for a Section 9 IBC application based on MSME Council awards was examined, specifically whether issuance of a Section 8 demand notice in 2019 revived limitation for an application filed in 2020. It was held that the 10-day period after service of a Section 8 notice is only a condition precedent to filing and cannot be used to compute or extend limitation. The limitation period is governed by Article 137 of the Limitation Act, requiring filing within three years from when the right to sue accrues, i.e., when the award became final and operative. Since the claim was already time-barred when the Section 8 notice was issued, the application remained barred and the appeal was dismissed - NCLAT
Limitation for a Section 9 IBC application based on MSME Council awards was examined, specifically whether issuance of a Section 8 demand notice in 2019 revived limitation for an application filed in 2020. It was held that the 10-day period after service of a Section 8 notice is only a condition precedent to filing and cannot be used to compute or extend limitation. The limitation period is governed by Article 137 of the Limitation Act, requiring filing within three years from when the right to sue accrues, i.e., when the award became final and operative. Since the claim was already time-barred when the Section 8 notice was issued, the application remained barred and the appeal was dismissed - NCLAT
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