Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Whether an operational creditor's Section 9 application satisfied the statutory monetary threshold required determination of the actual operational debt, including disputes on charging of double licence fee and amenities and the effect of termination of the leave and licence and amenities agreements after expiry of the lock-in period. The adjudicating authority erred by not examining these issues in sufficient depth and by failing to compute the amount due to ascertain if the threshold was crossed, rendering the order non-speaking on a material jurisdictional precondition. The impugned order was set aside and the matter was remanded for fresh adjudication by a speaking order. - NCLAT
Whether an operational creditor's Section 9 application satisfied the statutory monetary threshold required determination of the actual operational debt, including disputes on charging of double licence fee and amenities and the effect of termination of the leave and licence and amenities agreements after expiry of the lock-in period. The adjudicating authority erred by not examining these issues in sufficient depth and by failing to compute the amount due to ascertain if the threshold was crossed, rendering the order non-speaking on a material jurisdictional precondition. The impugned order was set aside and the matter was remanded for fresh adjudication by a speaking order. - NCLAT
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