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IBC - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

The Adjudicating Authority rejected the Section 9 application ...


Tax authority deems invoices bogus, rejects creditor's debt claim; legal battle continues.

September 9, 2024

Case Laws     IBC     AT

The Adjudicating Authority rejected the Section 9 application filed by the Operational Creditor/Appellant, relying on the Income Tax Assessment order that deemed the invoices as bogus. The Appellant's contention that the Assessment Year 2021-22 could not be relied upon was rendered moot due to the subsequent relevant assessment orders of the Income Tax Authority for the year 2022-23, covering the invoices in question. No grounds were found to interfere with the order rejecting the Section 9 application. However, the rejection does not preclude the Appellant from pursuing other available legal remedies. The imposition of costs on the Appellant was deleted. The appeal was dismissed by the Appellate Tribunal.

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