Tag: ibc
Person ineligible u/s 29A of IBC 2016 to submit a resolution plan, also barred from proposing a scheme of compromise and arrangement u/s 230 of the Companies Act 2013 ABCAUS Case Law CitationABCAUS 3473 (2021) (03) SC Important case law relied referred:Swiss Ribbons Private Limited vs. Union of …
IBC is special statute, must prevail over Companies Act 2013. Section 7 IBC Petition maintainable post admission of winding up Petition – SC ABCAUS Case Law CitationABCAUS 3461 (2021) (03) SC Important case law relied referred:Action Ispat and Power Pvt. Ltd. vs Shyam Metalics and Energy Ltd. 2020 …
No TDS u/s 194-IA on payment by successful bidder to Liquidator of a Company in liquidation under IBC 2016 as it is not required to file Income Tax Return ABCAUS Case Law CitationABCAUS 3451 (2021) (02) NCLAT Important case law relied referred:Imperial Chit funds (P) Ltd. Vs. Income …
Listed entities to disclose details of approved resolution plan under Insolvency and Bankruptcy Code (IBC) 2016 – SEBI SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 8th January, 2021 SECURITIES AND EXCHANGE BOARD OF INDIA (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) (AMENDMENT) REGULATIONS, 2021 No. …
IBBI prescribes Retention period of records by Insolvency Professional relating to Corporate Insolvency Resolution Process Retention period of records of CIRP Insolvency and Bankruptcy Board of India 7thFloor, Mayur Bhawan, Connaught Place, New Delhi-110001 CIRCULAR No.: IBBI/CIRP/38/2021 6th January, 2021 ToAll Registered Insolvency ProfessionalsAll …
High Court order rejecting transfer of pending winding up proceeding to NCLT on the basis of Rule 26 of the Companies (Court) Rules 1959 was flawed – SC ABCAUS Case Law CitationABCAUS 3422 (2020) (11) Important case law relied upon by the parties:Forech India Ltd. vs. Edelweiss Assets …
Supreme Court to decide constitutional validity of provisions of IBC 2016 to the extent they apply to personal guarantors of corporate debtors ABCAUS Case Law CitationABCAUS 3416 (2020) (10) SC The Ministry of Corporate Affirs (MCA) by Notification dated 15.11.2019 had brought personal guarantors to corporate debtors under …
Payment received for shares, duly issued cannot be a debt under Insolvency and Bankruptcy Code. Personal loan to Promoter/Director cannot trigger CRIP -SC ABACUS Case Law CitationABCAUS 3375 (2020) (08) SC Important case law relied upon by the parties:Innoventive Industries Ltd. v. ICICI Bank and Anr.B. K. Educational …
Limitation period for making application for initiation of CIRP is three years from date of default. IBC not a money recovery legislation for creditors – SC ABACUS Case Law CitationABCAUS 3365 (2020) (08) SC Important case law relied upon by the parties:B. K. Educational Services Pvt. Ltd. vs. …
Useful and important judgments for Insolvency Professionals conducting Liquidation Process giving Significant directions and observations Insolvency and Bankruptcy Board of India (IBBI) has issued a communication consisting of significant directions and observations derived from the judgments of the Adjudicating Authority (AA), the National Company Law Appellate Tribunal (NCLAT), …