Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Default was proved only for the overdue quarterly interest demanded in the cure notice, not for the full debenture principal, because the principal became payable only on 30.06.2024 and no further redemption demand was issued before the Section 7 filing; later payments did not erase the subsisting default on the filing date. The view that real estate insolvency can never be project-wise was rejected as contrary to binding precedent, and the process was required to proceed on a project-specific basis unless circumstances justify otherwise. On construction of the debenture trust deed, the financing and security package were held to be tied to Project Aspirations on the identified land, so the CIRP was confined to that project and not extended to the debtor's other projects.
Default was proved only for the overdue quarterly interest demanded in the cure notice, not for the full debenture principal, because the principal became payable only on 30.06.2024 and no further redemption demand was issued before the Section 7 filing; later payments did not erase the subsisting default on the filing date. The view that real estate insolvency can never be project-wise was rejected as contrary to binding precedent, and the process was required to proceed on a project-specific basis unless circumstances justify otherwise. On construction of the debenture trust deed, the financing and security package were held to be tied to Project Aspirations on the identified land, so the CIRP was confined to that project and not extended to the debtor's other projects.
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