https://www.taxtmi.com/caselaws?id=104624 Set-off in a money claim is maintainable only where the defendant's cross-claim is an ascertained debt legally recoverable in law and supported by mutual dealings between the parties. A time-barred or unproven liability, including an alleged sales tax payment not shown to have been made on the company's directions or with its consent, cannot be used as set-off. The material also did not establish any legal obligation on the company to issue C forms or any basis to fasten the alleged pre-winding-up liability on the official liquidator. The recovery claim therefore prevailed and the set-off defence failed. en-us Fri, 22 Apr 1994 00:00:00 +0530 Wed, 29 Feb 2012 17:37:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104624 Set-off in a money claim is maintainable only where the defendant's cross-claim is an ascertained debt legally recoverable in law and supported by mutual dealings between the parties. A time-barred or unproven liability, including an alleged sales tax payment not shown to have been made on the company's directions or with its consent, cannot be used as set-off. The material also did not establish any legal obligation on the company to issue C forms or any basis to fasten the alleged pre-winding-up liability on the official liquidator. The recovery claim therefore prevailed and the set-off defence failed. Case-Laws Companies Law Fri, 22 Apr 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104624