Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
Challenge to admission of an insolvency petition founded on a settlement following payment of the entire claimed debt is addressed, with the tribunal applying precedent to hold that where due publication of claims occurred and no creditors other than the applicant filed claims, the appellate forum may exercise jurisdiction to adjudicate and settle the dispute notwithstanding the expectation that the financial creditor seek formal withdrawal procedures; consequence: the appeal is disposed of and the impugned admission order is set aside.
Challenge to admission of an insolvency petition founded on a settlement following payment of the entire claimed debt is addressed, with the tribunal applying precedent to hold that where due publication of claims occurred and no creditors other than the applicant filed claims, the appellate forum may exercise jurisdiction to adjudicate and settle the dispute notwithstanding the expectation that the financial creditor seek formal withdrawal procedures; consequence: the appeal is disposed of and the impugned admission order is set aside.
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