Natural justice in insolvency-professional discipline requires disclosed material; notices based on extraneous material and ignored defences are vitia...
Development rights transfers treated as immovable property, while construction abatement applies and repeated non-payment permits extended service-tax...
Income Disclosure Scheme immunity and search-material requirements barred further share-transaction additions in unabated assessments under section 15...
An alleged breach of natural justice was rejected because the Adjudicating Authority had only permitted a short note on maintainability at the first listing and had not called for a full reply to the Section 9 application. On the merits, the Tribunal held that the reply and rejoinder disclosed a plausible pre-existing dispute over reconciliation and settlement of contractual dues, including assertions that dues stood paid or adjusted, credit notes were issued, and nothing further remained payable. Applying Mobilox and Sabarmati Gas, it held that Section 9 cannot be used to resolve such contractual controversies and upheld rejection of the insolvency application.
An alleged breach of natural justice was rejected because the Adjudicating Authority had only permitted a short note on maintainability at the first listing and had not called for a full reply to the Section 9 application. On the merits, the Tribunal held that the reply and rejoinder disclosed a plausible pre-existing dispute over reconciliation and settlement of contractual dues, including assertions that dues stood paid or adjusted, credit notes were issued, and nothing further remained payable. Applying Mobilox and Sabarmati Gas, it held that Section 9 cannot be used to resolve such contractual controversies and upheld rejection of the insolvency application.
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