Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
Charitable registration turns on predominant purpose and genuine activities, while incidental fees and related-party rent require supporting adverse m...
MAT book-profit adjustments exclude disallowances for exempt-income expenditure and demerger expenditure unless expressly listed under the statutory c...
The AT addressed the interplay between PMLA and IBC provisions regarding attached properties of a corporate debtor. The tribunal held that Section 32-A(2) prohibits actions against corporate debtor properties for offenses predating the corporate insolvency resolution process. The resolution plan for the corporate debtor was approved by the Committee of Creditors, permitting property disposal as per resolution plan terms. If the resolution plan fails, the appellant bank can seek auction sale through the PMLA Court, with an undertaking to deposit excess proceeds. The tribunal emphasized that no punitive action shall be taken against corporate debtor properties covered under an approved resolution plan, effectively balancing investigative interests with insolvency resolution mechanisms. Appeal disposed of.
The AT addressed the interplay between PMLA and IBC provisions regarding attached properties of a corporate debtor. The tribunal held that Section 32-A(2) prohibits actions against corporate debtor properties for offenses predating the corporate insolvency resolution process. The resolution plan for the corporate debtor was approved by the Committee of Creditors, permitting property disposal as per resolution plan terms. If the resolution plan fails, the appellant bank can seek auction sale through the PMLA Court, with an undertaking to deposit excess proceeds. The tribunal emphasized that no punitive action shall be taken against corporate debtor properties covered under an approved resolution plan, effectively balancing investigative interests with insolvency resolution mechanisms. Appeal disposed of.
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