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...
Admission of a Section 7 petition was upheld where financial debt and default were established by undisputed records and acknowledgements, so admission at the summary stage was proper. The adjudicating authority's role at admission is confined to existence of debt and default; Vidarbha-type viability inquiries were not warranted absent concrete contemporaneous evidence extinguishing the debt. A prior dismissal based on a quashed regulatory circular did not attract res judicata to bar the fresh petition under the revised RBI framework. The RBI framework did not prohibit filing and lender resolution choices are commercial; allegations of creditor misconduct were unproven and did not negate debt or default.
Admission of a Section 7 petition was upheld where financial debt and default were established by undisputed records and acknowledgements, so admission at the summary stage was proper. The adjudicating authority's role at admission is confined to existence of debt and default; Vidarbha-type viability inquiries were not warranted absent concrete contemporaneous evidence extinguishing the debt. A prior dismissal based on a quashed regulatory circular did not attract res judicata to bar the fresh petition under the revised RBI framework. The RBI framework did not prohibit filing and lender resolution choices are commercial; allegations of creditor misconduct were unproven and did not negate debt or default.
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