Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
