Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
A pre-existing dispute barred admission of the Section 9 operational debt claim where contemporaneous grievances over water supply, central air-conditioning, maintenance, and interference with use of the premises had been raised before the demand notice and were supported by proceedings seeking restoration of services and police assistance. Applying the Mobilox standard, the Tribunal treated the defence as a plausible contention requiring further investigation rather than a sham or moonshine defence. It therefore held that liability for charges claimed after the corporate debtor entered CIRP was genuinely disputed, affirmed rejection of the Section 9 petition, and dismissed the appeal.
A pre-existing dispute barred admission of the Section 9 operational debt claim where contemporaneous grievances over water supply, central air-conditioning, maintenance, and interference with use of the premises had been raised before the demand notice and were supported by proceedings seeking restoration of services and police assistance. Applying the Mobilox standard, the Tribunal treated the defence as a plausible contention requiring further investigation rather than a sham or moonshine defence. It therefore held that liability for charges claimed after the corporate debtor entered CIRP was genuinely disputed, affirmed rejection of the Section 9 petition, and dismissed the appeal.
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