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...
Delay in re-filing a company appeal was not condoned because the appellant failed to show sufficient cause or due diligence in curing defects. The NCLAT held that, especially in insolvency matters, re-filing delays must be assessed strictly in light of the Code's time-bound framework, and generic explanations such as re-pagination, paper-book restructuring, rescanning, and internal record retrieval are inadequate without material particulars. Here, no defect sheet, specific Registry objections, or date-wise chronology of corrective steps was produced, and the claim that records were in Mumbai was treated as a bare logistical inconvenience. The application for condonation was rejected, and the appeal was consequently rejected.
Delay in re-filing a company appeal was not condoned because the appellant failed to show sufficient cause or due diligence in curing defects. The NCLAT held that, especially in insolvency matters, re-filing delays must be assessed strictly in light of the Code's time-bound framework, and generic explanations such as re-pagination, paper-book restructuring, rescanning, and internal record retrieval are inadequate without material particulars. Here, no defect sheet, specific Registry objections, or date-wise chronology of corrective steps was produced, and the claim that records were in Mumbai was treated as a bare logistical inconvenience. The application for condonation was rejected, and the appeal was consequently rejected.
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