Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
Whether a financial debt existed and default occurred: the tribunal held that audit reports, balance sheets and correspondence prima facie established a claim and default; quantification is for later stages, so CIRP commencement was maintainable - outcome: petition upheld and CIRP sustained. Whether allegations of fraud vitiated the documents: fraud must be proved by evidence and the appellant failed to lead any such proof; mere allegation insufficient - outcome: fraud plea rejected. Whether a rejoinder and its public documents could be considered: pleadings including rejoinder are admissible and public documents may be read in evidence without prior permission - outcome: rejoinder and attached documents admitted. - NCLAT
Whether a financial debt existed and default occurred: the tribunal held that audit reports, balance sheets and correspondence prima facie established a claim and default; quantification is for later stages, so CIRP commencement was maintainable - outcome: petition upheld and CIRP sustained. Whether allegations of fraud vitiated the documents: fraud must be proved by evidence and the appellant failed to lead any such proof; mere allegation insufficient - outcome: fraud plea rejected. Whether a rejoinder and its public documents could be considered: pleadings including rejoinder are admissible and public documents may be read in evidence without prior permission - outcome: rejoinder and attached documents admitted. - NCLAT
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