A Section 9 insolvency petition was held not maintainable because the debt attributable to the corporate debtor alone did not meet the statutory minimum threshold under Section 4. The tribunal found that most invoices related to a sole proprietorship concern, while only a small portion stood in the name of the company. It held that the company and the proprietorship were separate legal entities, so liabilities of the proprietorship could not be aggregated with those of the corporate debtor merely because both were managed by the same person. The dismissal of the petition was therefore upheld.
A Section 9 insolvency petition was held not maintainable because the debt attributable to the corporate debtor alone did not meet the statutory minimum threshold under Section 4. The tribunal found that most invoices related to a sole proprietorship concern, while only a small portion stood in the name of the company. It held that the company and the proprietorship were separate legal entities, so liabilities of the proprietorship could not be aggregated with those of the corporate debtor merely because both were managed by the same person. The dismissal of the petition was therefore upheld.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4811 
Join Channel 
