Political contribution deductions require genuine transactions; banking records and party registration alone cannot defeat evidence of accommodation e...
Post-death GST liability permits fresh proceedings against legal representatives, while discontinued-business recovery remains limited to the inherite...
Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.
During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.
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