Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
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...
In section 9 insolvency proceedings, the Appellate Tribunal held that the Adjudicating Authority may examine pleadings, agreements, audit material, acknowledgements and communications to determine debt and default, and that such scrutiny does not trespass into civil court jurisdiction. It rejected the argument that the summary nature of section 9 bars a detailed review of the record. On the facts, the agreements and email records contained clear admissions of liability, while the alleged dispute over damaged returned stock was treated as belated and unsupported by any independent suit, arbitration or other adjudicatory proceeding. The appeal was dismissed and admission of the application was upheld.
In section 9 insolvency proceedings, the Appellate Tribunal held that the Adjudicating Authority may examine pleadings, agreements, audit material, acknowledgements and communications to determine debt and default, and that such scrutiny does not trespass into civil court jurisdiction. It rejected the argument that the summary nature of section 9 bars a detailed review of the record. On the facts, the agreements and email records contained clear admissions of liability, while the alleged dispute over damaged returned stock was treated as belated and unsupported by any independent suit, arbitration or other adjudicatory proceeding. The appeal was dismissed and admission of the application was upheld.
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