Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Transfer of an admitted winding-up petition to the Tribunal must be examined afresh under the I&B Code and not mechanically admitted under Section 9; the Tribunal applied the Code's statutory parameters and held the applicable minimum default threshold must be assessed as on the date of conversion, rendering the converted application ineligible for admission. The claim for contractual interest at 24% was a unilateral invoice term and, absent agreement or acceptance, could not be included in the admitted debt. A claimed pre-existing dispute was held not bona fide. Independently, the Corporate Debtor was directed to pay the deposited sum with compound interest.
Transfer of an admitted winding-up petition to the Tribunal must be examined afresh under the I&B Code and not mechanically admitted under Section 9; the Tribunal applied the Code's statutory parameters and held the applicable minimum default threshold must be assessed as on the date of conversion, rendering the converted application ineligible for admission. The claim for contractual interest at 24% was a unilateral invoice term and, absent agreement or acceptance, could not be included in the admitted debt. A claimed pre-existing dispute was held not bona fide. Independently, the Corporate Debtor was directed to pay the deposited sum with compound interest.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
