Co-operative credit society deduction on bank deposit interest upheld where funds were business funds and income remained attributable to member credi...
Transfer pricing benchmarking and receivables adjustments remanded: segmental financials need proper scrutiny, and foreign-currency interest must trac...
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NCLAT held that repeated non-deposit of amounts deducted from employees' salaries, which were held in trust for remittance to the employees' co-operative society, attracted fraudulent trading liability under Section 66 of the Code. The appellants admitted the deductions and failed to produce reliable material showing any legitimate use of the funds as working capital. The Tribunal further held that proof of personal gain is not essential for fraud; an act or omission intended to deceive or to injure the interests of the corporate debtor or its creditors is sufficient. The finding of liability and the direction for contribution were affirmed.
NCLAT held that repeated non-deposit of amounts deducted from employees' salaries, which were held in trust for remittance to the employees' co-operative society, attracted fraudulent trading liability under Section 66 of the Code. The appellants admitted the deductions and failed to produce reliable material showing any legitimate use of the funds as working capital. The Tribunal further held that proof of personal gain is not essential for fraud; an act or omission intended to deceive or to injure the interests of the corporate debtor or its creditors is sufficient. The finding of liability and the direction for contribution were affirmed.
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