Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Appointment of a Provisional Liquidator shifts control of the company's affairs from the board to the liquidator, and erstwhile directors become functus officio; cheques issued or presented thereafter without the liquidator's authority are not enforceable against the company. The text also states that dishonour marked "Account Blocked" in winding-up or liquidation proceedings does not satisfy Section 138 of the Negotiable Instruments Act because the essential ingredient of dishonour for insufficiency of funds is absent and the account is no longer under the drawer's effective control. On that basis, complaint proceedings under Section 138 against the company and former directors were held not maintainable.
Appointment of a Provisional Liquidator shifts control of the company's affairs from the board to the liquidator, and erstwhile directors become functus officio; cheques issued or presented thereafter without the liquidator's authority are not enforceable against the company. The text also states that dishonour marked "Account Blocked" in winding-up or liquidation proceedings does not satisfy Section 138 of the Negotiable Instruments Act because the essential ingredient of dishonour for insufficiency of funds is absent and the account is no longer under the drawer's effective control. On that basis, complaint proceedings under Section 138 against the company and former directors were held not maintainable.
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