Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
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Section 32A was applied to protect the corporate debtor's property from attachment where an approved resolution plan had been implemented with a qualifying change in management. The Tribunal, following Manish Kumar, held that statutory immunity extends to property covered by the approved plan for offences committed before commencement of CIRP, so long as control passes to persons unconnected with the erstwhile management and not shown to have abetted or conspired in the offence. It rejected the argument that PMLA attachment could continue merely because the property was alleged to be proceeds of crime, and also noted that the underlying claim had already been finally rejected in insolvency proceedings. The attachment orders were set aside.
Section 32A was applied to protect the corporate debtor's property from attachment where an approved resolution plan had been implemented with a qualifying change in management. The Tribunal, following Manish Kumar, held that statutory immunity extends to property covered by the approved plan for offences committed before commencement of CIRP, so long as control passes to persons unconnected with the erstwhile management and not shown to have abetted or conspired in the offence. It rejected the argument that PMLA attachment could continue merely because the property was alleged to be proceeds of crime, and also noted that the underlying claim had already been finally rejected in insolvency proceedings. The attachment orders were set aside.
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