Cash routed to non-existent firm deemed proceeds of crime; laundered funds and properties attachable, provisional attachments confirmed; two accounts ...
Continuation of Section 73 service-tax proceedings after provider's death (construing s.65(7)) - held to abate; posthumous OIO and recoveries invalida...
Section 32A IBC extinguishes a corporate debtor's criminal liability only from the date an approved resolution plan effects a change of management/control to persons unconnected with prior management; the immunity is conditional and aimed at a new management, not past wrongdoers, and therefore was unavailable where no plan was approved. Separately, Section 14 IBC's moratorium merely suspends initiation or continuation of proceedings during CIRP and does not extinguish ongoing criminal liability; consequently the petition for suspension of sentence was dismissed as neither Section 32A nor the moratorium entitled the appellant to relief.
Section 32A IBC extinguishes a corporate debtor's criminal liability only from the date an approved resolution plan effects a change of management/control to persons unconnected with prior management; the immunity is conditional and aimed at a new management, not past wrongdoers, and therefore was unavailable where no plan was approved. Separately, Section 14 IBC's moratorium merely suspends initiation or continuation of proceedings during CIRP and does not extinguish ongoing criminal liability; consequently the petition for suspension of sentence was dismissed as neither Section 32A nor the moratorium entitled the appellant to relief.
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