Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
Tribunal affirmed the Adjudicating Authority's rejection of an insolvency petition on the ground that the Corporate Debtor had raised a bona fide pre-existing dispute prior to the demand notice. Applying the plausible contention test, the Tribunal held the debtor's pre-demand communication denying privity, seeking detailed transaction particulars, and the invoices' lack of corroborative customer/delivery data amounted to a dispute requiring further investigation and not a patently spurious defence; accordingly the petition was correctly dismissed as barred by the pre-existing dispute doctrine.
Tribunal affirmed the Adjudicating Authority's rejection of an insolvency petition on the ground that the Corporate Debtor had raised a bona fide pre-existing dispute prior to the demand notice. Applying the plausible contention test, the Tribunal held the debtor's pre-demand communication denying privity, seeking detailed transaction particulars, and the invoices' lack of corroborative customer/delivery data amounted to a dispute requiring further investigation and not a patently spurious defence; accordingly the petition was correctly dismissed as barred by the pre-existing dispute doctrine.
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