Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
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Whether statutory authorities could undertake post-CIRP assessment and raise claims for interest and damages under Sections 7Q and 14B for a pre-CIRP period was determined by applying the moratorium under Section 14 of the IBC. Relying on binding precedent, it was held that once moratorium is in force, no assessment proceedings can be carried out and, consequently, no such claim can be raised even if the liability relates to a period prior to CIRP. On this legal basis, the rejection of the applicant's claim/application was upheld and the appeal was dismissed. - NCLAT
Whether statutory authorities could undertake post-CIRP assessment and raise claims for interest and damages under Sections 7Q and 14B for a pre-CIRP period was determined by applying the moratorium under Section 14 of the IBC. Relying on binding precedent, it was held that once moratorium is in force, no assessment proceedings can be carried out and, consequently, no such claim can be raised even if the liability relates to a period prior to CIRP. On this legal basis, the rejection of the applicant's claim/application was upheld and the appeal was dismissed. - NCLAT
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