Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights May 2023 Year 2023 This

Preferential Transaction or Fraudulent Transaction - creation of ...

Case Laws     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

 


 

You may also like:

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

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

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

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

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

  6. 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)...

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

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

  9. 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...

  10. 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...

  11. 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...

  12. Principles of natural justice not violated. Transaction audit report shared with appellants, no objections raised. Resolution professional filed application detailing...

  13. The Noticee (Mr. Vijay Mallya) violated SEBI Act and PFUTP Regulations by concealing his identity and using the FII route to trade in securities of his group companies...

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

  15. The Assessing Officer (AO) failed to conduct relevant inquiries regarding the shares held as penny stocks by the assessee in GCM Securities Ltd. The Principal...

 

Quick Updates:Latest Updates