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Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
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Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
NCLAT dismissed the Section 7 application filed by the Appellant-Debenture Trustee against the Corporate Debtor. The Tribunal found no valid debt due or payable during the moratorium period until September 2023. The court determined that the Appellant's intent was not genuine insolvency resolution but a malafide attempt to coerce the Corporate Debtor into insolvency proceedings. The Appellant's conduct, including releasing property charges and funds under a restructuring proposal, demonstrated prior agreement to a moratorium. Consequently, the Tribunal upheld the Adjudicating Authority's decision, concluding that the Section 7 application was improperly motivated and therefore not admissible, effectively protecting the Corporate Debtor from unwarranted insolvency proceedings.
NCLAT dismissed the Section 7 application filed by the Appellant-Debenture Trustee against the Corporate Debtor. The Tribunal found no valid debt due or payable during the moratorium period until September 2023. The court determined that the Appellant's intent was not genuine insolvency resolution but a malafide attempt to coerce the Corporate Debtor into insolvency proceedings. The Appellant's conduct, including releasing property charges and funds under a restructuring proposal, demonstrated prior agreement to a moratorium. Consequently, the Tribunal upheld the Adjudicating Authority's decision, concluding that the Section 7 application was improperly motivated and therefore not admissible, effectively protecting the Corporate Debtor from unwarranted insolvency proceedings.
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