<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Avoidance application u/ss43, 44, 66, 69 and Reg.35A(3): COVID limitation extension upheld, appeal dismissed.</title>
    <link>https://www.taxtmi.com/highlights?id=95323</link>
    <description>Whether the avoidance application under ss. 43, 44, 66 and 69 read with Reg. 35A(3) was barred by limitation was the dominant issue. The tribunal held it was not time-barred because the computation of limitation stood extended by SC&#039;s suo motu COVID-19 directions excluding 15.03.2020 to 28.02.2022, and the filing was within the implied period permitted by the prior order granting liberty to apply; further, delay could be condoned without a formal application if sufficient material existed on record, rendering reliance on a contrary CPC-based HC decision inapposite. Consequently, the order refusing to dismiss the application as time-barred and directing hearing on merits was upheld, and the appeal was dismissed. - NCLAT</description>
    <language>en-us</language>
    <pubDate>Tue, 23 Dec 2025 07:59:05 +0530</pubDate>
    <lastBuildDate>Tue, 23 Dec 2025 07:59:07 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=873483" rel="self" type="application/rss+xml"/>
    <item>
      <title>Avoidance application u/ss43, 44, 66, 69 and Reg.35A(3): COVID limitation extension upheld, appeal dismissed.</title>
      <link>https://www.taxtmi.com/highlights?id=95323</link>
      <description>Whether the avoidance application under ss. 43, 44, 66 and 69 read with Reg. 35A(3) was barred by limitation was the dominant issue. The tribunal held it was not time-barred because the computation of limitation stood extended by SC&#039;s suo motu COVID-19 directions excluding 15.03.2020 to 28.02.2022, and the filing was within the implied period permitted by the prior order granting liberty to apply; further, delay could be condoned without a formal application if sufficient material existed on record, rendering reliance on a contrary CPC-based HC decision inapposite. Consequently, the order refusing to dismiss the application as time-barred and directing hearing on merits was upheld, and the appeal was dismissed. - NCLAT</description>
      <category>Highlights</category>
      <law>IBC</law>
      <pubDate>Tue, 23 Dec 2025 07:59:05 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=95323</guid>
    </item>
  </channel>
</rss>