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...
Insolvency and BankruptcyAugust 31, 2024Case LawsAT
Key aspects of the leasehold rights of the Corporate Debtor in various tea gardens owned by the State of West Bengal. The NCLAT held that the leasehold rights are intangible assets covered u/s 18(f) of the IBC, empowering the Resolution Professional to take control. The renewals of leases for Kilcott, Garganda, and Bagrakote Tea Estates were deemed valid despite non-payment of Salami, as the renewed lease deeds mentioned Salami but did not specify any amount. The NCLAT set aside orders rejecting applications for possession of these three tea estates, holding that the Corporate Debtor had subsisting leasehold rights. However, for other tea estates where leases expired, the State's possession handover to third parties was upheld, except for Kilcott and Bagracote, where post-moratorium possession violated Section 14(1)(d). The NCLAT directed handing over possession of Garganda, Kilcott, and Bagracote Division-I to the Resolution Professional.
Key aspects of the leasehold rights of the Corporate Debtor in various tea gardens owned by the State of West Bengal. The NCLAT held that the leasehold rights are intangible assets covered u/s 18(f) of the IBC, empowering the Resolution Professional to take control. The renewals of leases for Kilcott, Garganda, and Bagrakote Tea Estates were deemed valid despite non-payment of Salami, as the renewed lease deeds mentioned Salami but did not specify any amount. The NCLAT set aside orders rejecting applications for possession of these three tea estates, holding that the Corporate Debtor had subsisting leasehold rights. However, for other tea estates where leases expired, the State's possession handover to third parties was upheld, except for Kilcott and Bagracote, where post-moratorium possession violated Section 14(1)(d). The NCLAT directed handing over possession of Garganda, Kilcott, and Bagracote Division-I to the Resolution Professional.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
