Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Extended period of limitation unsustainable; allowable deductions for prompt payment discounts, pro rata recovery, freight and VAT led to demand being...
Financial debt characterization was examined for payments described as share subscription money; the rules exclude share subscription amounts from the definition of deposit under Rule 2(c)(vii) of the Companies (Acceptance of Deposits) Rules, 2014, and therefore such payments do not convert into financial debt permitting invocation of the Insolvency Code. An acknowledgment in the debtor's books was considered but found insufficient to alter character into financial debt. Resultantly the tribunal found no financial debt enabling a petition under insolvency law and dismissed the appeal.
Financial debt characterization was examined for payments described as share subscription money; the rules exclude share subscription amounts from the definition of deposit under Rule 2(c)(vii) of the Companies (Acceptance of Deposits) Rules, 2014, and therefore such payments do not convert into financial debt permitting invocation of the Insolvency Code. An acknowledgment in the debtor's books was considered but found insufficient to alter character into financial debt. Resultantly the tribunal found no financial debt enabling a petition under insolvency law and dismissed the appeal.
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