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IBC - Highlights / Catch Notes

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Pecuniary Jurisdiction - whether non-payment of TDS amount is ...


Non-payment of TDS Not Considered Debt Under Insolvency & Bankruptcy Code, Misuse of Process Highlighted.

May 20, 2022

Case Laws     Insolvency and Bankruptcy     AT

Pecuniary Jurisdiction - whether non-payment of TDS amount is debt or not - Present is a case where the Operational Creditor has misused the process of I&B Code in filing application for revival of Section 9 Application for non-payment of two TDS amounts. The process of I&B Code cannot be utilized for the above purpose, whereas present is not a case that Corporate Debtor has not paid any amount due to the Operational Creditor. The Operational Creditor has misused the process of I&B Code. - AT

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