Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
NCLAT partly upheld adverse remarks against a resolution professional where the record showed belated filing of CIRP extension and liquidation applications, including one extension request made after the period had expired, so no expunction was warranted. It, however, removed the adverse inference that the resolution professional had a duty to file periodic progress reports, because no order, provision, or regulation requiring such reports was shown. It also held that the record did not support the charge of canvassing the CoC for approval of a particular resolution plan, since the CoC drove the negotiations and the RP acted on its directions within a creditor-driven CIRP.
NCLAT partly upheld adverse remarks against a resolution professional where the record showed belated filing of CIRP extension and liquidation applications, including one extension request made after the period had expired, so no expunction was warranted. It, however, removed the adverse inference that the resolution professional had a duty to file periodic progress reports, because no order, provision, or regulation requiring such reports was shown. It also held that the record did not support the charge of canvassing the CoC for approval of a particular resolution plan, since the CoC drove the negotiations and the RP acted on its directions within a creditor-driven CIRP.
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