Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
RPA (Remote Pilot Aircraft) for military use defined to include drones/UAV/UAS; exemptions limited to specified defence imports with Joint Secretary c...
Transfer of going concern and transfer of input tax credit under GST allowed; exemption applies though interstate ledger transfers left to authorities...
Attachment and recovery from a company's bank account was challenged on the ground that the demand and adjudication were issued against a distinct juristic entity. The court held that where the show-cause notice and adjudication order were addressed to another company, the petitioner could not be fastened with that entity's dues absent any garnishee relationship or proved liability to pay amounts to the defaulter. It further held that common directorship alone is insufficient to lift the corporate veil for recovery, and such veil-piercing was impermissible on the pleaded facts. Consequently, the impugned recovery/attachment order was quashed and the petition was allowed with directions to appear before the authority. - HC
Attachment and recovery from a company's bank account was challenged on the ground that the demand and adjudication were issued against a distinct juristic entity. The court held that where the show-cause notice and adjudication order were addressed to another company, the petitioner could not be fastened with that entity's dues absent any garnishee relationship or proved liability to pay amounts to the defaulter. It further held that common directorship alone is insufficient to lift the corporate veil for recovery, and such veil-piercing was impermissible on the pleaded facts. Consequently, the impugned recovery/attachment order was quashed and the petition was allowed with directions to appear before the authority. - HC
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