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Fraudulent trading requires cogent evidence of intent to defraud; ordinary-course payments protected, except post-insolvency withdrawals must be resto...
Petitioner sought a tax refund (with statutory interest) after an assessing officer passed an order under assessment procedure granting TDS credit but directing a refund. The High Court ordered immediate payment of the undisputed refund amount to the petitioner within two weeks; outcome: refund to be made within that period. The court granted liberty to revive the application if payment is not made and warned it will summon the Assessing Officer if the direction is not complied with. Respondents had sought time but failed to procure instructions, which the court noted.
Petitioner sought a tax refund (with statutory interest) after an assessing officer passed an order under assessment procedure granting TDS credit but directing a refund. The High Court ordered immediate payment of the undisputed refund amount to the petitioner within two weeks; outcome: refund to be made within that period. The court granted liberty to revive the application if payment is not made and warned it will summon the Assessing Officer if the direction is not complied with. Respondents had sought time but failed to procure instructions, which the court noted.
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