Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
The Tribunal excused a 14 day delay because the financial creditor showed sufficient cause-internal referral and head office approval-so the appeal was admitted. On the central issue of costs imposed when the corporate debtor withdrew under the insolvency withdrawal procedure, the Tribunal found no recorded reason for penalising financial creditors who negotiated settlements and facilitated withdrawal; noting other creditors had not objected, it held the Adjudicating Authority could have adopted alternative measures if withdrawal was improper. Consequently, the direction to impose costs on each financial creditor was set aside.
The Tribunal excused a 14 day delay because the financial creditor showed sufficient cause-internal referral and head office approval-so the appeal was admitted. On the central issue of costs imposed when the corporate debtor withdrew under the insolvency withdrawal procedure, the Tribunal found no recorded reason for penalising financial creditors who negotiated settlements and facilitated withdrawal; noting other creditors had not objected, it held the Adjudicating Authority could have adopted alternative measures if withdrawal was improper. Consequently, the direction to impose costs on each financial creditor was set aside.
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