Preferential Transaction or Fraudulent Transaction - creation of ...

Insolvency and Bankruptcy

May 12, 2023

Preferential Transaction or Fraudulent Transaction - creation of the security interest by way of mortgage - The Hon’ble Supreme Court has thus held that if there is a transfer of property or interest thereof of the corporate debtor for the ‘benefit of related parties’ and not necessarily be the corporate debtor, then the look back period would be two years and such a transaction will be considered as a transaction which infringes sub-section (2) of section 43. - AT

View Source

← Previous Next →

Preferential Transaction or Fraudulent Transaction - creation of ...

Insolvency and Bankruptcy

May 12, 2023

You may also like:

Undervalued/preferential/fraudulent transactions - Failure to adjudicate about the ingredients of Section 43, 45, 49 and 66, specifically - need for separate...

Preferential, undervalued and fraudulent transactions - Related party transactions - It is amply clear that the Option Agreements I & II are preferential and undervalued...

Preferential transactions or not - Corporate Guarantees - the transaction covered under the Corporate Guarantees would not come within the parameters of the preferential...

CIRP - Preferential Transactions or not - related transaction or not - Transaction within look bak period - such transactions are carried with intent to defraud...

The NCLT's finding that the trademark transaction was preferential and undervalued under Sections 43 and 45 of the IBC was overturned. The Resolution Professional (RP)...

Undervalued Transactions - Preferential Transactions - Fraudulent Transaction - ‘Transactions’ executed or entered into by the ‘Corporate Debtor’, beyond two years from...

Setting aside the transaction - Preferential or undervalued - no case is made out by the RP that any business of the CD has been carried out with the intent to defraud...

Corporate Debtor - applicability of section 43, look back period - related party transaction - preferential transaction - undervalued transactions - it is a transaction...

Preferential Transactions - Validity of impugned order - error in accepting the conclusions in Forensic Report - the Transactions that took place between the period from...

Addition made towards profit in money market operations - in this case the physical delivery has not taken place and therefore the transactions of sale and purchase of...

CIRP - Fraudulent transactions - Transaction Auditor has admitted inability to comment on the transactions falling under Sections 43, 45 and 50 of IBC and in respect of...

CIRP - Financial Creditors - The ‘Deed of Hypothecation’ is merely creation of security interest and a mere security of interest created by hypothecation or mortgage...

Disallowance u/s 14A - Exempted income - proportionate disallowance of interest paid by the banks for investments made in tax free bonds/ securities which yield tax free...

Recovery of Tax Dues versus Secured Creditors - priority of security interest and its enforcement over the Secured Assets - The High court clarified the priority of...

Seeking release of security interest from the liquidation estate - If the respondent wants to proceed with the liquidation proceedings without relinquishing his security...

Quick Updates: