Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
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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.
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