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...
A contractual dispute whether non payment of a second instalment constitutes an operational debt under Sec. 5(21) and thus triggers initiation under Section 9 IBC was examined by applying the plain reading of the contract and the Mobilox test. The Tribunal held that a mere right to claim damages (Sec. 3(6)) does not automatically become an operational debt; because the contract reasonably admits the respondent's interpretation, a plausible pre existing dispute exists. Consequence: the pre existing dispute prevents invocation of insolvency remedies and the adjudicating authority's order was affirmed, with the appeal dismissed.
A contractual dispute whether non payment of a second instalment constitutes an operational debt under Sec. 5(21) and thus triggers initiation under Section 9 IBC was examined by applying the plain reading of the contract and the Mobilox test. The Tribunal held that a mere right to claim damages (Sec. 3(6)) does not automatically become an operational debt; because the contract reasonably admits the respondent's interpretation, a plausible pre existing dispute exists. Consequence: the pre existing dispute prevents invocation of insolvency remedies and the adjudicating authority's order was affirmed, with the appeal dismissed.
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