Tag: cirp

Supreme Court allows simultaneous CIRP proceedings against principal debtor and its corporate guarantor, declines to frame any guidelines In a recent judgment, the Hon’ble Supreme Court allowed appeals against order of Adjudicating Authorities (NCLT/NCLAT) holding that simultaneous proceedings for Corporate Insolvency Resolution Process under IBC against the principal …

Under IBC, Adjudicating Authority not required to go into the inability of a corporate debtor to pay its debt – Supreme Court In a recent judgment, Hon’ble Supreme Court has held that under IBC, NCLT is not required to go into the inability of a corporate debtor to …

Adjustment of income tax refund due to corporate debtor against old income tax dues shown in the balance sheet upheld In a recent judgment, High Court upheld the adjustment of income tax refund due to corporate debtor against old income tax dues shown in the balance sheet and …

Supreme Court issues directions to Committee of Creditors for safeguard interests of homebuyers in Insolvency proceedings In a recent judgment, Supreme Court has issued directions to Committee of Creditors for safeguard interests of homebuyers in Insolvency proceedings against the Builder/Real Estate developer Corporate Debtor ABCAUS Case Law Citation:4994 …

Agreement validly terminated prior to initiation of CIRP did not constitute “assets” or “property” of the corporate debtor u/s 14 of the IBC In a recent judgment, Hon’ble Supreme Court has held that Development Agreement and Supplementary Agreements validly terminated prior to the initiation of the second CIRP …

Homebuyer entitled to possession of the Apartment if their name incorporated in the list of financial creditors – Supreme Court In a recent judgment Hon’ble Supreme Court had held that once the name of homebuyers was incorporated in the list of financial creditors of the corporate debtor published …

Income tax proceedings relating to the period prior to the approval of the resolution plan infructuous – Supreme Court dismissed Special Leave Petition (SLP) of Revenue Income tax proceedings relating to the period prior to the approval of the resolution plan infructuous as upon completion of the CIRP, …

CIRP can be initiated even if name of financial creditor not specifically mentioned in balance sheet, an entry in the balance sheet coupled with the note of the accounts to acknowledgement of the liability – SC  In a recent judgment, Hon’ble Supreme Court has held that for initiation …

Payment by corporate guarantor does not extinguish liability of corporate debtor to pay the entire amount payable – SC In a recent judgment, the Hon’ble Supreme Court has held that payment by corporate guarantor does not extinguish liability of corporate debtor to pay the entire amount payable. A …

High Court directed refund of self assessment tax paid due to insolvency commencement and operation of moratorium under IBC In a recent judgment, the Hon’ble Orissa High Court has directed Income Tax Department to refund the amount of self assessment tax paid due to commencement of insolvency and …