Commitment proceedings gain extended timelines, structured defect refiling, and automatic resumption of inquiry after the adjusted completion period e...
Centralised assessment transfer becomes unwarranted once the searched person's assessment is complete, requiring restoration to the appropriate charge...
Co-operative deduction eligibility excludes refund and commercial-bank interest, while qualifying co-operative investments require entity-wise verific...
Enhanced tax rate on surrendered unexplained income applies prospectively, while cash-deposit telescoping requires verification of available surrender...
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Insolvency and BankruptcyAugust 5, 2023Case LawsAT
CIRP - company under liquidation - Fraudulent transaction - Sale Deed executed by the Corporate Debtor in favour of the Respondent, with regard to the immovable property - It is settled position of law that there is a presumption that a ‘Registered Document’ is validly executed. The burden of proof, thus would be on the person who leads the evidence to rebut the presumption. In the instant case, this ‘Tribunal’ does not find any documentary evidence on record to establish that the said ‘Transaction’ is a ‘Fraudulent’ one. - AT
CIRP - company under liquidation - Fraudulent transaction - Sale Deed executed by the Corporate Debtor in favour of the Respondent, with regard to the immovable property - It is settled position of law that there is a presumption that a ‘Registered Document’ is validly executed. The burden of proof, thus would be on the person who leads the evidence to rebut the presumption. In the instant case, this ‘Tribunal’ does not find any documentary evidence on record to establish that the said ‘Transaction’ is a ‘Fraudulent’ one. - AT
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