Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
A Section 9 IBC application cannot be admitted where the record shows a genuine and plausible pre-existing dispute before the demand notice. Applying Mobilox and later decisions, the Court held that the adjudicating authority at this stage only examines whether a plausible contention requiring investigation exists, not the ultimate merits of the dispute. Written complaints about defective supplies, repeated demands for reconciliation of accounts, a prior police complaint, discrepancies in ledger accounts, and shifting stands on the amount due showed no consensus on liability or quantum and indicated more than a sham defence. The NCLT had correctly rejected the application, and the NCLAT was wrong to reverse that finding.
A Section 9 IBC application cannot be admitted where the record shows a genuine and plausible pre-existing dispute before the demand notice. Applying Mobilox and later decisions, the Court held that the adjudicating authority at this stage only examines whether a plausible contention requiring investigation exists, not the ultimate merits of the dispute. Written complaints about defective supplies, repeated demands for reconciliation of accounts, a prior police complaint, discrepancies in ledger accounts, and shifting stands on the amount due showed no consensus on liability or quantum and indicated more than a sham defence. The NCLT had correctly rejected the application, and the NCLAT was wrong to reverse that finding.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
