Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
A pre-existing operational debt dispute over damaged and unreturned shuttering and scaffolding material, and pending reconciliation, was held to bar initiation of insolvency proceedings. Applying Mobilox principles, the tribunal found the debtor's defence-failure to replace or value damaged goods and requests for collection and valuation-plausible and supported by contemporaneous correspondence predating the demand notice; therefore the invoices remained disputed and not admitted. The adjudicating authority was correct to reject the insolvency petition without adjudicating the merits of the defence, and the appeal against that rejection was dismissed.
A pre-existing operational debt dispute over damaged and unreturned shuttering and scaffolding material, and pending reconciliation, was held to bar initiation of insolvency proceedings. Applying Mobilox principles, the tribunal found the debtor's defence-failure to replace or value damaged goods and requests for collection and valuation-plausible and supported by contemporaneous correspondence predating the demand notice; therefore the invoices remained disputed and not admitted. The adjudicating authority was correct to reject the insolvency petition without adjudicating the merits of the defence, and the appeal against that rejection was dismissed.
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