Tax determination against deceased proprietor invalid where no notice to legal representative; appeal rejected without addressing jurisdictional defec...
Revocation of GST registration and permission to file blocked returns; conditional defreezing of bank accounts after security and instalment applicati...
Right to access seized electronic evidence: impugned adjudication treated as additional show cause notice, remand for fresh hearing and return of mate...
Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
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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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