#fraudulent transactions

NCLAT ruled that fraudulent transactions under Section 242 of the Companies Act can be set aside without the consent of involved parties, reinforcing RBI directions as legally binding. The judgment impacts insolvency proceedings and corporate governance, particularly for NBFCs and group companies engaged in sham lending arrangements.

NCLAT holds that disbursements made into unauthorized accounts through fraudulent means cannot be classified as financial debt under the Insolvency and Bankruptcy Code, 2016. The ruling bars initiation of Corporate Insolvency Resolution Process (CIRP) where loan agreements lack valid authorization, reinforcing the doctrine of indoor management in financial transactions.

NCLAT rules that possessory rights under Section 53A of the Transfer of Property Act, when affirmed by a consent decree, cannot be disturbed by a Resolution Professional under the Insolvency and Bankruptcy Code. The ruling clarifies that IBC proceedings do not automatically extinguish pre-existing property rights established through judicial decrees, offering critical protection to parties with settled possessory claims.

ITAT Delhi remands a case for fresh adjudication under Section 69A after finding fraudulent third-party misuse of the assessee’s PAN, limiting tax liability to just 1% commission income. The ruling underscores the need for proper assessment of unexplained investments before imposing penalties, offering relief to taxpayers facing wrongful additions due to identity fraud.

The Allahabad High Court granted anticipatory bail to an applicant with no direct link to a forged land sale-deed, reinforcing that mere association without concrete participation cannot justify pre-arrest detention. This ruling strengthens the requirement for individualized culpability under BNSS Section 482, protecting innocent parties from being ensnared in collective accusations.