Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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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.
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