Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
The Adjudicating Authority retained jurisdiction to decide the pending application for recovery of corporate debtor's assets even after approval of the resolution plan, since the application had been filed and contested prior to plan approval and was validly continued by substitution of the successful resolution applicant/corporate debtor; the jurisdictional objection was rejected. The Authority also had jurisdiction under Section 60(5) IBC to examine the MoU and related rights; the unregistered MoU, premised on disputed cash payments and surrounded by credibility concerns, was not an agreement to sell and could not confer protection under Section 53A TPA, rendering the appellant an unauthorised occupant; eviction and handover were upheld. Usage charges were sustained, payable upon proper determination. - NCLAT
The Adjudicating Authority retained jurisdiction to decide the pending application for recovery of corporate debtor's assets even after approval of the resolution plan, since the application had been filed and contested prior to plan approval and was validly continued by substitution of the successful resolution applicant/corporate debtor; the jurisdictional objection was rejected. The Authority also had jurisdiction under Section 60(5) IBC to examine the MoU and related rights; the unregistered MoU, premised on disputed cash payments and surrounded by credibility concerns, was not an agreement to sell and could not confer protection under Section 53A TPA, rendering the appellant an unauthorised occupant; eviction and handover were upheld. Usage charges were sustained, payable upon proper determination. - NCLAT
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