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...
A Section 9 insolvency application may fail where the corporate debtor shows a real and plausible pre-existing dispute that existed before the demand notice; the dispute can be raised even in the reply to the application if it predates the notice. Applying the Mobilox test, the tribunal found subsisting disputes on liability through earlier notices and settlement arrangements, and upheld rejection of CIRP initiation. On the contract, the alleged service fee was treated only as a profit share after deduction of usage fees and expenses, not an independent operational debt. The termination terms and unsupported balance emails did not establish debt due from the corporate debtor.
A Section 9 insolvency application may fail where the corporate debtor shows a real and plausible pre-existing dispute that existed before the demand notice; the dispute can be raised even in the reply to the application if it predates the notice. Applying the Mobilox test, the tribunal found subsisting disputes on liability through earlier notices and settlement arrangements, and upheld rejection of CIRP initiation. On the contract, the alleged service fee was treated only as a profit share after deduction of usage fees and expenses, not an independent operational debt. The termination terms and unsupported balance emails did not establish debt due from the corporate debtor.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
