TIOL-DDT 341 · Thursday, 13 April 2006 · story 8 of 8

In pari passu



On equal footing - side by side

Creditors who are entitled to receive out of the same fund without any precedence over each other

++ Thus whatever course is open to the appellate authority while disposing of an appeal would apply pari passu to an application made under Section 35E and thus would include the power to condone the delay also.

++ increase of modvat credit would be pari passu with the increase in the payment of duty on the inputs

++ Section 11A is a recovery provision and the two Sections 11A and 11B, although in a sense complementary, are not really pari passu.

++ the income-tax payable also being a debt has to rank pari passu with other debts due from the company

Litigation - A machine which you go into as a pig and come out as a sausage.

Until Monday with more DDT

Have a nice extended weekend.

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