Tag: ibc
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 …
Once Resolution Plan is approved by COC, it is binding on all stakeholders. High Court quashed Assessment order and penalty notice In a recent judgment, Hon’ble Delhi High Court has quashed assessment order holding that once Resolution Plan is approved by COC, it is binding on all stakeholders. …
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 …
Supreme Court lays down tests to determine whether a debt is a financial debt or an operational debt under IBC In a recent judgment the Hon’ble Supreme Court has laid down tests to determine whether a debt is a financial debt or an operational debt under IBC ABCAUS …
Special Court presided by a Sessions Judge or an Additional Sessions Judge will have jurisdiction to try the complaint under the IBC 2016 In a recent judgment, the Hon’ble Supreme Court has held that Special Court presided by a Sessions Judge or an Additional Sessions Judge will have …
Provisions of moratorium under IBC 2016 not to apply to transactions, arrangements or agreements relating to aircraft, aircraft engines, airframes and helicopters MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 3rd October, 2023 S.O. 4321(E).—WHEREAS, the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on …
IBC has overriding affect on all the acts including Income Tax Act as specifically provided u/s 178(6) ABCAUS Case Law Citation:ABCAUS 3669 (2023) (02) ITAT In the instant case, both the Revenue and the assessee had challenged the order passed by the CIT(A) for two Assessment Years. The …
Challenged to IBC by a Chartered Accountant refused by Supreme Court for want of locus and bonafide. ABCAUS Case Law CitationABCAUS 3619 (2022) (11) SC In the instant case, a Chartered Accountant (CA) has in the guise of public interest to sought to invoke the jurisdiction of the …
Income Tax appeals cannot be proceeded with during the continuance of the proceedings under IBC ABCAUS Case Law CitationABCAUS 3611 (2022) (09) ITAT Important Case Laws relied upon by parties Ghanashyam Mishra And Sons vs Edelweiss Asset Reconstruction (2021) 126 taxmann.com 132 (SC)Mahavir Roads & Infrastructure Pvt. Ltd., …
Definition of secured creditor in IBC does not exclude Government or Governmental Authority – Supreme Court ABCAUS Case Law CitationABCAUS 3610 (2022) (09) SC Important Case Laws relied upon by parties Swiss Ribbons (P) Ltd. v. Union of IndiaVishal Saxena & Anr. vs. Swami Deen Gupta Resolution ProfessionalAssistant …