Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
Change of corporate management after approved resolution plan - writ maintainable; property attachment not 'transfer' under PBPT; Section 32A protecti...
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A pre-existing dispute under Section 9 of the insolvency framework will bar admission where the debtor's reply raises a real, plausible controversy requiring investigation rather than a feeble or moonshine defence. The Tribunal treated the 15.06.2022 reply as a valid notice of dispute because it referred to internal audit findings, alleged fictitious invoices, missing purchase records, fake vehicle details, and returned goods, all arising before the demand notice. It also rejected reliance on alleged debt acknowledgment and later payment records, and found the subsequent GST assessment relevant in reinforcing the dispute. The Section 9 application was therefore liable to be rejected and the admission order was set aside.
A pre-existing dispute under Section 9 of the insolvency framework will bar admission where the debtor's reply raises a real, plausible controversy requiring investigation rather than a feeble or moonshine defence. The Tribunal treated the 15.06.2022 reply as a valid notice of dispute because it referred to internal audit findings, alleged fictitious invoices, missing purchase records, fake vehicle details, and returned goods, all arising before the demand notice. It also rejected reliance on alleged debt acknowledgment and later payment records, and found the subsequent GST assessment relevant in reinforcing the dispute. The Section 9 application was therefore liable to be rejected and the admission order was set aside.
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