<?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>Limitation for insolvency applications defeated proceedings despite valid partner authorisation and advances qualifying as financial debt.</title>
    <link>https://www.taxtmi.com/highlights?id=101892</link>
    <description>A Section 7 insolvency application was treated as time-barred because the record supported 31 March 2019 as the nearest ascertainable date of default, while a later date asserted by affidavit lacked evidentiary basis. The limitation period had therefore expired before the demand notice and filing, rendering the application not maintainable. The notes also state that a surviving-partner majority could authorise commencement of insolvency proceedings and that one partner could file in the firm&#039;s name. Advances recorded as repayable in balance sheets and ledgers constituted financial debt, even without a formal loan agreement or interest payment.</description>
    <language>en-us</language>
    <pubDate>Tue, 21 Jul 2026 08:32:06 +0530</pubDate>
    <lastBuildDate>Tue, 21 Jul 2026 08:32:09 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=912615" rel="self" type="application/rss+xml"/>
    <item>
      <title>Limitation for insolvency applications defeated proceedings despite valid partner authorisation and advances qualifying as financial debt.</title>
      <link>https://www.taxtmi.com/highlights?id=101892</link>
      <description>A Section 7 insolvency application was treated as time-barred because the record supported 31 March 2019 as the nearest ascertainable date of default, while a later date asserted by affidavit lacked evidentiary basis. The limitation period had therefore expired before the demand notice and filing, rendering the application not maintainable. The notes also state that a surviving-partner majority could authorise commencement of insolvency proceedings and that one partner could file in the firm&#039;s name. Advances recorded as repayable in balance sheets and ledgers constituted financial debt, even without a formal loan agreement or interest payment.</description>
      <category>Highlights</category>
      <law>IBC</law>
      <pubDate>Tue, 21 Jul 2026 08:32:06 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=101892</guid>
    </item>
  </channel>
</rss>