Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Moratorium breaches involving sale of mortgaged property and withdrawals from a corporate debtor's funds may warrant restoration to preserve the insolvency estate during CIRP. The notes state that the Adjudicating Authority's residuary jurisdiction extends to consequential directions required to protect and restore estate assets, independently of a finding of fraudulent or wrongful trading. Relief depends on the nature of the restoration sought, and unsupported claims that withdrawals were authorised do not displace the statutory moratorium and management-transfer framework. A direction to restore funds to the corporate debtor's account is described as valid consequential relief. A reference for action under an omitted provision concerning moratorium contravention is stated to be infructuous.
Moratorium breaches involving sale of mortgaged property and withdrawals from a corporate debtor's funds may warrant restoration to preserve the insolvency estate during CIRP. The notes state that the Adjudicating Authority's residuary jurisdiction extends to consequential directions required to protect and restore estate assets, independently of a finding of fraudulent or wrongful trading. Relief depends on the nature of the restoration sought, and unsupported claims that withdrawals were authorised do not displace the statutory moratorium and management-transfer framework. A direction to restore funds to the corporate debtor's account is described as valid consequential relief. A reference for action under an omitted provision concerning moratorium contravention is stated to be infructuous.
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