Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Composite supply of drilling services and site specific chemicals characterised as composite supply; prior advance rulings set aside, tax rate left op...
Cross country pipeline classification and ITC entitlement: pipelines outside factory treated as immovable, ITC disallowed under Section 17 restriction...
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The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
The Adjudicating Authority had jurisdiction under section 60(5) to entertain the Resolution Professional's eviction application because the corporate debtor's ownership of the premises was undisputed and recovery of its own asset fell within the duty to take control, custody, preservation and protection of assets. The appellant failed to prove any tenancy, lease or licence; the record showed only permissive stocking of goods, with no rent, lease terms, or possessory right. The civil court's interim order did not bar eviction, as the Code excludes civil court jurisdiction where the insolvency forum is competent. The appeal was dismissed and possession was directed to be handed over to the Resolution Professional.
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