Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Adjudicatory authority rejected claimed interest as an inadmissible component of financial debt where interest at 24% p.a. compounded monthly was unsupported by bona fide documentation. Related-party advances lacked board resolutions, were not registered as a charge with RoC, and interest was not reflected in the corporate debtor's books; repayment terms were unset. The tribunal accepted these factual and accounting defects and upheld disallowance of the disputed interest, dismissing the appeal and affirming the liquidator's position.
Adjudicatory authority rejected claimed interest as an inadmissible component of financial debt where interest at 24% p.a. compounded monthly was unsupported by bona fide documentation. Related-party advances lacked board resolutions, were not registered as a charge with RoC, and interest was not reflected in the corporate debtor's books; repayment terms were unset. The tribunal accepted these factual and accounting defects and upheld disallowance of the disputed interest, dismissing the appeal and affirming the liquidator's position.
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