Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
A resolution plan was approved for the petitioner on 26.03.2021 under the Insolvency and Bankruptcy Code (IBC). The Municipal Corporation of Delhi (MCD) demanded property tax from the petitioner for the period prior to the approval date. The court relied on Ghanashyam Mishra case, which held that upon approval of a resolution plan, all statutory dues owed to government authorities prior to the approval date stand extinguished if not included in the plan. MCD did not lodge its claim during the corporate insolvency resolution process (CIRP). Consequently, MCD cannot demand property tax dues prior to 26.03.2021. The Rainbow Papers case is distinguished as the statutory authority there had lodged its claim during CIRP. An interim stay was granted on MCD's demand for pre-approval period, while directing the petitioner to pay property tax after 26.03.2021. The matter was listed for further hearing.
A resolution plan was approved for the petitioner on 26.03.2021 under the Insolvency and Bankruptcy Code (IBC). The Municipal Corporation of Delhi (MCD) demanded property tax from the petitioner for the period prior to the approval date. The court relied on Ghanashyam Mishra case, which held that upon approval of a resolution plan, all statutory dues owed to government authorities prior to the approval date stand extinguished if not included in the plan. MCD did not lodge its claim during the corporate insolvency resolution process (CIRP). Consequently, MCD cannot demand property tax dues prior to 26.03.2021. The Rainbow Papers case is distinguished as the statutory authority there had lodged its claim during CIRP. An interim stay was granted on MCD's demand for pre-approval period, while directing the petitioner to pay property tax after 26.03.2021. The matter was listed for further hearing.
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