Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
In a Section 9 IBC claim founded on proforma invoices bearing a GST number, failure to furnish GST-payment particulars despite opportunity justified doubting the genuineness and quantum of the operational debt, supporting dismissal. The claim based on a tripartite management agreement also failed for want of privity, as the operational creditor was not a signatory and no contractual obligation of the corporate debtor towards it was shown, defeating that component of debt. Further, the corporate debtor raised a plausible contractual dispute requiring adjudication outside IBC, and Section 9 cannot be invoked for disputed debts or amounts below the statutory threshold; accordingly, admission was refused. - NCLAT
In a Section 9 IBC claim founded on proforma invoices bearing a GST number, failure to furnish GST-payment particulars despite opportunity justified doubting the genuineness and quantum of the operational debt, supporting dismissal. The claim based on a tripartite management agreement also failed for want of privity, as the operational creditor was not a signatory and no contractual obligation of the corporate debtor towards it was shown, defeating that component of debt. Further, the corporate debtor raised a plausible contractual dispute requiring adjudication outside IBC, and Section 9 cannot be invoked for disputed debts or amounts below the statutory threshold; accordingly, admission was refused. - NCLAT
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