Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Related party preferential transfer through accounting entries found avoidable; ordinary course of business defence rejected.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The Appellate Tribunal treated the square-off of receivables as a related party preferential transaction within the relevant look-back period under the insolvency framework. It found that the appellant, as director and key managerial person, controlled the entities involved, that the adjustment was recorded within two years of the insolvency commencement date, and that accounting entries could amount to transfer of property by extinguishing the corporate debtor's receivable. The Tribunal also rejected the ordinary course of business defence because the set-off bypassed banking channels, lacked authorisation, and selectively settled the appellant's dues while other creditors remained unpaid. The impugned transaction was therefore liable to be avoided.....