Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Section 14(1)(d) of the Insolvency and Bankruptcy Code bars a lessor from recovering leased premises during moratorium while the corporate debtor or resolution professional remains in possession, even if the lease was terminated before CIRP. The Tribunal read this protection with Regulation 31(b) and applied the distinction between physical occupation and juridical possession, holding that possession continuing after termination remains protected until lawful eviction. As the resolution professional admittedly remained in possession of the leased property, the lessor could not reclaim it during moratorium, and the claim for delivery of possession was rejected.
Section 14(1)(d) of the Insolvency and Bankruptcy Code bars a lessor from recovering leased premises during moratorium while the corporate debtor or resolution professional remains in possession, even if the lease was terminated before CIRP. The Tribunal read this protection with Regulation 31(b) and applied the distinction between physical occupation and juridical possession, holding that possession continuing after termination remains protected until lawful eviction. As the resolution professional admittedly remained in possession of the leased property, the lessor could not reclaim it during moratorium, and the claim for delivery of possession was rejected.
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