The Resolution Plan of the Successful Resolution Applicant could not be approved as it had breached the waterfall mechanism of payments as given under Section 53 of IBC and selectively favoured certain creditors without according any reason for the same and the Plan ineffectively dealt with the interests of all stakeholders of the Corporate Debtor and was non-compliant of Section 30(2)(e) and Section 30(2)(f) of IBC.
Since remanding of a resolution plan back to Committee of Creditors (COC) on the grounds of the procedural deviations raised by a dissenting minority in class of creditors, would render the CIRP a never ending process and was against the time bound resolution objective of the IBC.
Held that if there is bona fide dispute, it is only the jurisdictional assessing officer to decide the issue and it is not by the Roving Squad Officers.
Held that Section 48 of the GVAT Act is not contrary to or inconsistent with Section 53 of the IBC. U/s. 53(1)(b)(ii), the debts owed to a secured creditor, which would include the State under the GVAT Act. Accordingly, the Government can claim first charge over the property of the Corporate Debtor
F.No. 450/28/2016-Cus-IV Government of India Department of Revenue Ministry of Finance (Central Board of Indirect Taxes & Customs) North Block, New Delhi, Circular No. 18/2022-Customs |Dated: 10th of September , 2022 To, All Principal Chief Commissioners/ Chief Commissioners of Customs / Customs (Preventive) / Customs and Central Tax, All Principal Commissioners/ Commissioners of Customs / […]
Net Direct Tax collections upto 08.09.2022 at Rs. 5.29 lakh crore are 30.17% higher than net Direct Tax collections for same period last Year
