Tag: IBC

While the Income Tax Department enjoys a limited jurisdiction to continue assessment proceedings, it cannot suo moto initiate recovery for tax dues – during liquidation process – NCLAT, New Delhi

Avil Menezes, Liquidator of Sunil Hitech and Engineers Limited Vs. Principal Chief Commissioner of Income Tax, Mumbai Introduction:- In the case of Avil Menezes (Liquidator) v. Principal Chief Commissioner of Income Tax, Mumbai[1], The Hon’ble

Can a delay caused by a stay granted by a Higher Court in implementation of a Resolution Plan be excluded from the time given for the implementation of the Resolution Plan

Can a delay caused by a stay granted by a Higher Court in implementation of a Resolution Plan be excluded from the time given for the implementation of the Resolution Plan?

Introduction: In the matter of Majestic Auto Limited v. Sharan Hospitality Pvt Ltd. & Anr.[i], the Hon’ble NCLAT held that when a Higher Court grants a stay order which puts an embargo on implementation of

Insights on the Proposed Amendments to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Process) Regulations, 2016.

The Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper on 19th  June, 2024, seeking comments on four proposed changes to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate

Related Parties of the Corporate Debtor cannot circumvent Proviso to Section 21(2) of IBC by Assignment of Financial Debt to a Third Party NCLAT Delhi

Related Parties of the Corporate Debtor cannot circumvent Proviso to Section 21(2) of IBC by Assignment of Financial Debt to a Third Party: NCLAT Delhi

Introduction In the case of Peanence Commercial Pvt. Ltd. & Ors. v. Mamta Binani (RP for Rolta India Limited)[1], the Hon’ble NCLAT upheld the decision of NCLT Mumbai Bench stating that merely assignment of financial

Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings, in cases where an Assignment Agreement is duly registered: NCLAT Delhi

Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings, in cases where an Assignment Agreement is duly registered: NCLAT Delhi

In the case of Emta Coal Ltd. v. L&T Finance Ltd. and Anr., the National Company Appellate Tribunal vide Order dated 28.05.2024 held that when debt assignment is registered without raising any objections regarding inadequacy

Jitender Singh Sodhi and Anr. vs. Deputy Commissioner of Income Tax and Anr

INTRODUCTION The Punjab & Haryana High Court Single Bench presided by Hon’ble Justice Mahabir Singh Sindhu, vide Judgment dated 13.05.2024 in Jitender Singh Sodhi and Anr. vs. Deputy Commissioner of Income Tax and Anr. held

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