Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
Rs. 13.20 crores disbursed to the corporate debtor was held to constitute 'financial debt' under Section 5(8)(f) of the IBC because the agreement required repayment and a 50% share of project profit as consideration, giving the transaction the commercial effect of a borrowing; outcome: treated as financial debt. The creditor established default when the corporate debtor terminated the agreement and failed to refund the disbursed amounts; outcome: debt became due and default occurred. Pendency of arbitral proceedings did not bar initiation or admission of a CIRP petition where debt and default are otherwise made out; outcome: Section 7 admission affirmed.
Rs. 13.20 crores disbursed to the corporate debtor was held to constitute 'financial debt' under Section 5(8)(f) of the IBC because the agreement required repayment and a 50% share of project profit as consideration, giving the transaction the commercial effect of a borrowing; outcome: treated as financial debt. The creditor established default when the corporate debtor terminated the agreement and failed to refund the disbursed amounts; outcome: debt became due and default occurred. Pendency of arbitral proceedings did not bar initiation or admission of a CIRP petition where debt and default are otherwise made out; outcome: Section 7 admission affirmed.
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