Permanent Establishment and Business Connection: foreign consultancy receipts not attributable where no fixed base or corporate veil piercing establis...
Limitation period commencement and procedural inquiry rules: identity-based limitation upheld; complaints by authorised public servants need not attra...
The Tribunal held that homebuyers as a class of creditors met the quantitative threshold for initiating a Section 7 application because the corporate debtor's developed-share entitlement produced sufficient allotted units; therefore the Section 7 petition should not have been dismissed on threshold grounds. The Tribunal treated the development agreement allocation (18% share) and actual units sold by the corporate debtor as relevant to eligibility at filing, and concluded the threshold is assessed at filing rather than later-consequence: remand to the Adjudicating Authority. The Tribunal also noted maintainability of proceedings against related landowner/developer parties forming the same project and recorded ex parte conduct by the corporate debtor, without deciding merits.
The Tribunal held that homebuyers as a class of creditors met the quantitative threshold for initiating a Section 7 application because the corporate debtor's developed-share entitlement produced sufficient allotted units; therefore the Section 7 petition should not have been dismissed on threshold grounds. The Tribunal treated the development agreement allocation (18% share) and actual units sold by the corporate debtor as relevant to eligibility at filing, and concluded the threshold is assessed at filing rather than later-consequence: remand to the Adjudicating Authority. The Tribunal also noted maintainability of proceedings against related landowner/developer parties forming the same project and recorded ex parte conduct by the corporate debtor, without deciding merits.
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