Tag: ibc
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 …
NCLAT or NCLT cannot sit in an appeal over the commercial wisdom of Committee of Creditors – Supreme Court ABCAUS Case Law Citation ABCAUS 3601 (2022) (06) SC Important case law relied referred:Arun Kumar Jagatramkav. Jindal Steel and Power Limited and AnotherK. Sashidhar v. Indian Overseas Bank and …
Since part amount of the auctioned property was received by bank after start of CIRP, and order of moratorium, the sale could not be said to have completed – SC ABCAUS Case Law Citation ABCAUS 3592 (2022) (05) SC Important case law relied referred:Vidhyadhar vs. Manikrao and Another …
IBBI prescribes guidelines for preservation of records by Insolvency Professional. Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2022 IBBI has amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 by introducing Insolvency and Bankruptcy …
Pre Packaged Insolvency Resolution Package for corporate debtor classified as MSME Pre Packaged Insolvency Resolution Package for corporate debtor classified as MSME. The Government has notified the Insolvency and Bankruptcy Code (Amendment) Act, 2021 w.e.f. 4th April 2021. to make amendments in the Insolvency and Bankruptcy Code, 2016 …
