Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
Allocation of enhanced FSI/TDR proceeds between cooperative society and individual flat-owners; tribunal deletes society LTCG addition, remits 80P ver...
A pre-existing dispute must be real, substantial and linked to the debt claimed; a later plea of non-supply, raised only before the Adjudicating Authority and not in reply to the demand notice, was treated as an afterthought and did not defeat the Section 9 application. A franchise dispute involving a separate proprietorship concern of the same proprietor was held to be independent of the invoice debt, so it could not constitute a pre-existing dispute for that claim. The tribunal also held that a proprietorship concern is not barred from invoking the Code, and that a demand notice may validly be issued through an authorised advocate. On that basis, the rejection of the Section 9 application was set aside and the matter remanded.
A pre-existing dispute must be real, substantial and linked to the debt claimed; a later plea of non-supply, raised only before the Adjudicating Authority and not in reply to the demand notice, was treated as an afterthought and did not defeat the Section 9 application. A franchise dispute involving a separate proprietorship concern of the same proprietor was held to be independent of the invoice debt, so it could not constitute a pre-existing dispute for that claim. The tribunal also held that a proprietorship concern is not barred from invoking the Code, and that a demand notice may validly be issued through an authorised advocate. On that basis, the rejection of the Section 9 application was set aside and the matter remanded.
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