Penalty for estimation of income and disallowances for tax non-deduction clarified: estimation-based penalties not sustainable; additions without conc...
Managerial remuneration disallowance under s.40A(2)(b) challenged over alleged tax-avoidance; appellate decision restored deletion of addition for dir...
Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Unpaid supply dues arising under a separate inter se agreement between joint venture partners constituted operational debt, because the contractual documents specifically allocated the supply obligation to the respondent and made payment contingent on receipt from OPTCL; the corporate debtor's acknowledgment of the balance payable confirmed liability, so admission of the Section 9 application was justified. The Section 10A objection failed because no factual foundation was laid below and the pleaded default date fell outside the protected period, making the statutory bar inapplicable. No pre-existing dispute was shown, as the correspondence relied on reflected acknowledgment of liability rather than a genuine dispute.
Unpaid supply dues arising under a separate inter se agreement between joint venture partners constituted operational debt, because the contractual documents specifically allocated the supply obligation to the respondent and made payment contingent on receipt from OPTCL; the corporate debtor's acknowledgment of the balance payable confirmed liability, so admission of the Section 9 application was justified. The Section 10A objection failed because no factual foundation was laid below and the pleaded default date fell outside the protected period, making the statutory bar inapplicable. No pre-existing dispute was shown, as the correspondence relied on reflected acknowledgment of liability rather than a genuine dispute.
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