Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Whether Regulation 12 limitation bars a statutory provident fund claim: Supreme Court precedent (Rainbow Papers) treats Regulation 12 as directory for statutory dues, so delay alone cannot justify rejection - claim survives. Whether EPF/gratuity constitute assets of the corporate debtor under Section 36(4)(iii): prior tribunal authority held EPF/gratuity are not assets of the corporate debtor, so they cannot be treated as estate assets - claim stands. Whether reopened claims may be barred after CoC approval: Supreme Court jurisprudence cautions against reopening plans to avoid endless CIRP, but that principle does not override the Rainbow Papers ruling; impugned rejection on limitation is quashed and matter is remitted to the Adjudicating Authority to reconsider the application on merits (except as to limitation) - NCLAT
Whether Regulation 12 limitation bars a statutory provident fund claim: Supreme Court precedent (Rainbow Papers) treats Regulation 12 as directory for statutory dues, so delay alone cannot justify rejection - claim survives. Whether EPF/gratuity constitute assets of the corporate debtor under Section 36(4)(iii): prior tribunal authority held EPF/gratuity are not assets of the corporate debtor, so they cannot be treated as estate assets - claim stands. Whether reopened claims may be barred after CoC approval: Supreme Court jurisprudence cautions against reopening plans to avoid endless CIRP, but that principle does not override the Rainbow Papers ruling; impugned rejection on limitation is quashed and matter is remitted to the Adjudicating Authority to reconsider the application on merits (except as to limitation) - NCLAT
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