Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
Section 96 IBC's interim moratorium does not apply to attachment proceedings under the MPID Act because those proceedings are not "in respect of any debt" and the record lacks a debtor-creditor relationship; the MPID regime operates as a public law civil forfeiture aimed at protecting depositors, so its attachment of mala fide transferred property is outside the moratorium and the trial court rightly refused a stay. The MPID Act, being within State List competence, is not repugnant to insolvency law here and its attachment vests property in the State, excluding such assets from the insolvency moratorium; the appeal was dismissed with costs for dilatory prosecution.
Section 96 IBC's interim moratorium does not apply to attachment proceedings under the MPID Act because those proceedings are not "in respect of any debt" and the record lacks a debtor-creditor relationship; the MPID regime operates as a public law civil forfeiture aimed at protecting depositors, so its attachment of mala fide transferred property is outside the moratorium and the trial court rightly refused a stay. The MPID Act, being within State List competence, is not repugnant to insolvency law here and its attachment vests property in the State, excluding such assets from the insolvency moratorium; the appeal was dismissed with costs for dilatory prosecution.
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