Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Whether operational debt and default existed: the tribunal found invoices for supply of 346 units undisputedly delivered, partial payments accepted without quality/quantity or pricing objections, and an outstanding unpaid balance of €1,28,204.70 - therefore default on an operational debt that was due and payable was established. Whether pre-existing disputes barred Section 9 relief: the alleged exclusivity agreement involved a different legal entity, the injunction suit concerned distinct subject-matter and was not raised in the demand notice, and the asserted disputes were held frivolous - consequently no bona fide pre-existing dispute existed and admission under Section 9/CIRP initiation was valid. - NCLAT
Whether operational debt and default existed: the tribunal found invoices for supply of 346 units undisputedly delivered, partial payments accepted without quality/quantity or pricing objections, and an outstanding unpaid balance of €1,28,204.70 - therefore default on an operational debt that was due and payable was established. Whether pre-existing disputes barred Section 9 relief: the alleged exclusivity agreement involved a different legal entity, the injunction suit concerned distinct subject-matter and was not raised in the demand notice, and the asserted disputes were held frivolous - consequently no bona fide pre-existing dispute existed and admission under Section 9/CIRP initiation was valid. - NCLAT
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