Tag: ibc
Entry in balance sheet of a corporate debtor may amount to an acknowledgement of liability u/s 18 of the Limitation Act if such entry is not with any caveat ABCAUS Case Law CitationABCAUS 3485 (2021) (04) SC Important case law relied referred:V. Padmakumar vs. Stressed Assets Stabilisation FundSesh …
The Central/State Government/local authority bound by the resolution plan once approved by Adjudicating Authority (i.e. NCLT) retrospectively. ABCAUS Case Law CitationABCAUS 3484 (2021) (04) SC Important case law relied referred:K. P. Varghese vs. Income Tax Officer, Ernakulam and Another (1981) 4 SCC 173B. K. Educational Services Private Limited …
Insolvency and Bankruptcy Board of India (Pre-packaged Insolvency Resolution Process) Regulations 2021 The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 promulgated on 4thApril, 2021 provides for pre-packaged insolvency resolution process (PPIRP) for corporate debtors classified as micro, small and medium enterprises. The Insolvency and Bankruptcy Board of India …
Pre-packaged insolvency resolution process for micro small and medium enterprises- IBC (Amendment) Ordinance 2021 The President of India has Promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance 2021to amend the Insolvency and Bankruptcy Code, 2016. According to the Ordinance, due to the COVID-19 pandemic impact on businesses, financial …
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 …
