Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
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Interest stated only in invoices, without a contractual term or established mutual acceptance, was held not to form part of the enforceable operational debt. The Appellate Tribunal treated the invoice clause as a unilateral stipulation, excluded the interest component from the debt computation, and found that only the admitted principal remained below the statutory threshold for a Section 9 application. It further held that the corporate debtor's denial of liability to pay interest created a live pre-existing dispute, which could not be decided in summary insolvency proceedings. The insolvency application was therefore not maintainable.
Interest stated only in invoices, without a contractual term or established mutual acceptance, was held not to form part of the enforceable operational debt. The Appellate Tribunal treated the invoice clause as a unilateral stipulation, excluded the interest component from the debt computation, and found that only the admitted principal remained below the statutory threshold for a Section 9 application. It further held that the corporate debtor's denial of liability to pay interest created a live pre-existing dispute, which could not be decided in summary insolvency proceedings. The insolvency application was therefore not maintainable.
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