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Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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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