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...
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...
Avoidance of a pre-CIRP sale as a fraudulent transaction was sought on the ground that it was without consideration and intended to defraud creditors. In the absence of any pending creditor claims at the time of execution, the subsequent classification of the debtor's bank account as NPA, and the presence of other secured assets, the requisite intent to defraud was not established; the liquidator failed to discharge the heavy burden of proof. Alleged সনà§à¦¦ about an old acknowledgment letter and the purchaser's non-production of decades-old payment records did not negate consideration, especially where contemporaneous corporate disclosures and financial statements corroborated the transfer, and consideration could be furnished by a third party. The appeal was dismissed. - SC
Avoidance of a pre-CIRP sale as a fraudulent transaction was sought on the ground that it was without consideration and intended to defraud creditors. In the absence of any pending creditor claims at the time of execution, the subsequent classification of the debtor's bank account as NPA, and the presence of other secured assets, the requisite intent to defraud was not established; the liquidator failed to discharge the heavy burden of proof. Alleged সনà§à¦¦ about an old acknowledgment letter and the purchaser's non-production of decades-old payment records did not negate consideration, especially where contemporaneous corporate disclosures and financial statements corroborated the transfer, and consideration could be furnished by a third party. The appeal was dismissed. - SC
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