Assessment time-barred u/s 153 due to missing competent-authority reference for Singapore exchange of information; assessment disallowed as barred by ...
Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
Under the IBC, a written loan agreement is not a sine qua non for proving financial debt; debt and default may be established from contemporaneous records such as bank statements, acknowledgements, promissory notes, TDS on interest and post-dated cheques, so rejection solely for absence of a written contract is unsustainable. Withdrawal of an earlier Section 7 petition without leave does not bar a fresh petition when a subsequent breach of settlement creates a new cause of action, and res judicata does not apply in that situation. The adjudicating authority's role is limited to verifying debt and default from the record, and where material supports both, admission of the petition follows.
Under the IBC, a written loan agreement is not a sine qua non for proving financial debt; debt and default may be established from contemporaneous records such as bank statements, acknowledgements, promissory notes, TDS on interest and post-dated cheques, so rejection solely for absence of a written contract is unsustainable. Withdrawal of an earlier Section 7 petition without leave does not bar a fresh petition when a subsequent breach of settlement creates a new cause of action, and res judicata does not apply in that situation. The adjudicating authority's role is limited to verifying debt and default from the record, and where material supports both, admission of the petition follows.
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