Appeal dismissed: petitioner denied ITC for electricity used in township maintenance as residential supply; Explanation 1(d) prospective under s.2(17)...
Registration under section 12AA granted where substantive charitable objects for ex-servicemen, incidental commercial activity permitted and profits a...
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The AT allowed the appeal, quashing the impugned order that froze demat accounts. It held the Exchange's circular had no application once the adjudicating authority admitted insolvency proceedings; Section 14's moratorium bars initiation or continuation of any "suit or proceeding," including recovery steps such as demat freezing, against a corporate debtor under CIRP/liquidation. The Exchange failed to file its claim before the IRP within the prescribed process and made no communication to the IRP; coercive action against parties not in management was therefore unlawful. Given these breaches of the IBC framework and absence of lawful process, the freezing order lacked legal basis and was set aside.
The AT allowed the appeal, quashing the impugned order that froze demat accounts. It held the Exchange's circular had no application once the adjudicating authority admitted insolvency proceedings; Section 14's moratorium bars initiation or continuation of any "suit or proceeding," including recovery steps such as demat freezing, against a corporate debtor under CIRP/liquidation. The Exchange failed to file its claim before the IRP within the prescribed process and made no communication to the IRP; coercive action against parties not in management was therefore unlawful. Given these breaches of the IBC framework and absence of lawful process, the freezing order lacked legal basis and was set aside.
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