Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Section 32A(2) of the IBC bars attachment or other action against a corporate debtor's property for offences committed before commencement of insolvency, and the statutory explanation expressly includes attachment within the prohibited action. Where the corporate debtor had already entered liquidation before the provisional attachment order was issued, the later attachment could not be sustained. The tribunal therefore treated both the provisional attachment order and its confirmation as contrary to Section 32A(2) and set them aside, holding that the property of the liquidating corporate debtor was immune from such post-liquidation attachment.
Section 32A(2) of the IBC bars attachment or other action against a corporate debtor's property for offences committed before commencement of insolvency, and the statutory explanation expressly includes attachment within the prohibited action. Where the corporate debtor had already entered liquidation before the provisional attachment order was issued, the later attachment could not be sustained. The tribunal therefore treated both the provisional attachment order and its confirmation as contrary to Section 32A(2) and set them aside, holding that the property of the liquidating corporate debtor was immune from such post-liquidation attachment.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4816 
Join Channel 
