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    <title>2026 (4) TMI 1090 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Repeated deduction of employee contributions from salaries and failure to remit them to the Society supported liability under Section 66 of the Insolvency and Bankruptcy Code, 2016. The unexplained claim that the sums were used as working capital was rejected because it was not backed by reliable material. Applying the standard of fraudulent conduct, and drawing on the breadth of fraud under Section 447 of the Companies Act, 2013, the tribunal held that wrongful gain or personal enrichment is not essential. The sustained withholding of amounts held for a specific statutory purpose was sufficient to establish fraudulent trading, and the challenge failed.</description>
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      <description>Repeated deduction of employee contributions from salaries and failure to remit them to the Society supported liability under Section 66 of the Insolvency and Bankruptcy Code, 2016. The unexplained claim that the sums were used as working capital was rejected because it was not backed by reliable material. Applying the standard of fraudulent conduct, and drawing on the breadth of fraud under Section 447 of the Companies Act, 2013, the tribunal held that wrongful gain or personal enrichment is not essential. The sustained withholding of amounts held for a specific statutory purpose was sufficient to establish fraudulent trading, and the challenge failed.</description>
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