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...
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.
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