Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
The central issue was whether initiation of CIRP under Section 7 failed because the alleged debt arose from an oral agreement. The tribunal held that documentary evidence - balance-sheet entries, interest accruals as per the cited agreement, TDS Form-16A and the respondent's own admissions recorded in the impugned order - establish existence of debt and default; therefore the oral-agreement contention is unsustainable. Consequence: the admission of the Section 7 application and initiation of CIRP is upheld and the appeal is dismissed. - NCLAT
The central issue was whether initiation of CIRP under Section 7 failed because the alleged debt arose from an oral agreement. The tribunal held that documentary evidence - balance-sheet entries, interest accruals as per the cited agreement, TDS Form-16A and the respondent's own admissions recorded in the impugned order - establish existence of debt and default; therefore the oral-agreement contention is unsustainable. Consequence: the admission of the Section 7 application and initiation of CIRP is upheld and the appeal is dismissed. - NCLAT
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