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...
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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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