Sale of Corporate Debtor as a going concern is akin to a de-facto CIRP, therefore, the judgments are applicable in a going concern sale too and NCLT has power to grant reliefs/waivers/concessions only that are directly in relation to the Code and the Companies Act, 2013 – Soumitra Lahiri, Liquidator of SKP Steel Industries Pvt. Ltd. – NCLT Kolkata Bench

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Whether the accumulated cash profit presently lying in the bank account of the Corporate Debtor which are in excess of liquidation can be distributed by the liquidator the stakeholders u/s 53 subject to deduction of withholding tax as may be applicable, pending sale of assets forming part of liquidation estates and realisation Of proceeds thereof – Sri Supriyo Kumar Chaudhuri, Liq. for JVL Agro Industries Ltd. Vs. State Bank of India – NCLT Allahabad Bench

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