Initiation of CIRP - financial creditor or not - Validity of ...

Court Declares Fraudulent Transactions Null, Stresses Strict Adherence to Insolvency Rules for Financial Creditors in CIRP Case.

August 23, 2019

Case Laws Insolvency and Bankruptcy Tri

Initiation of CIRP - financial creditor or not - Validity of cash transactions - ‘if a statute provides for a thing to be done in a particular manner, then it has to he done in that manner and in no other manner’ - the cash transactions claimed to have been made by the Applicant are sham, fraudulent and the same are declared as null and void.

View Source

← Previous Next →

Initiation of CIRP - financial creditor or not - Validity of ...

Court Declares Fraudulent Transactions Null, Stresses Strict Adherence to Insolvency Rules for Financial Creditors in CIRP Case.

August 23, 2019

Case Laws Insolvency and Bankruptcy Tri

You may also like:

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

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

The Punjab and Haryana High Court addressed the legal right of a Hindu Undivided Family (HUF) to challenge auction proceedings of properties owned by the HUF. The court...

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

SC upheld the conviction of the appellant under Section 85(i)(a) of the Employees' State Insurance Act for failing to remit ESI contributions deducted from employees'...

Fraudulent availment of higher drawback or not - rejection of transaction value of export of sub-standard readymade garments - The proper officer had no reasonable doubt...

Dishonor of Cheque - Ascertaining nature of transaction - whether a criminal proceeding can be initiated and an accused held guilty when there is already a civil court...

Transaction value - Valuation (Customs) - Special or abnormal discount to the related buyers which were in excess of 3% discount - The Appellate Tribunal observed that...

Private commercial transactions involving acquisition of shares in a life insurance company were challenged on allegations of fraudulent acts and undue profits. The...

Grant of Regular Bail - fraudulent passing of Input Tax Credit without actual supply of goods - While acknowledging the seriousness of the charges, the court noted the...

Prohibition of Benami Property Transactions - provisional order of attachment - Section 2(9)(A) and 2(9)(C) - these two provisions cannot be applied to a transaction...

CIRP proceedings - illegal transfer of IPR and business by the corporate debtor - the declaration of assignment of trademarks in the name of R1 is declared null and void...

Power of the tax Recovery Officer declaring sale null and void - Scope of section 281 - It is not open to the Tax Recovery Officer to declare the said...

The CESTAT allowed the appeal, holding that the revenue authorities erred in rejecting the declared/transaction value of the imported goods without any justifiable basis....

Quick Updates: