https://www.taxtmi.com/caselaws?id=431799 A Section 9 Insolvency and Bankruptcy Code application is defeated only by a genuine pre-existing dispute, meaning a specific dispute relating to the same operational debt that existed before the demand notice; a dispute first raised in reply to the notice is treated as an afterthought. The analysis also confirms that, for limitation, only invoices within three years before filing may be counted, and if the surviving claim still exceeds the applicable minimum threshold, maintainability is not affected. On that reasoning, the rejection of the Section 9 application was considered unsustainable and insolvency admission was required. en-us Tue, 20 Dec 2022 00:00:00 +0530 Thu, 22 Dec 2022 08:42:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431799 A Section 9 Insolvency and Bankruptcy Code application is defeated only by a genuine pre-existing dispute, meaning a specific dispute relating to the same operational debt that existed before the demand notice; a dispute first raised in reply to the notice is treated as an afterthought. The analysis also confirms that, for limitation, only invoices within three years before filing may be counted, and if the surviving claim still exceeds the applicable minimum threshold, maintainability is not affected. On that reasoning, the rejection of the Section 9 application was considered unsustainable and insolvency admission was required. Case-Laws Insolvency and Bankruptcy Tue, 20 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431799