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Insolvency & Bankruptcy Code-Home buyers: Most outstanding judgement – reduction of voting share

September 29, 2018 4557 Views 0 comment Print

In a memorable and consequential judgement, in the matter of Nikhil Mehta & Sons (HUF)&Or’s vs M/s AMR Infrastructure Ltd (CA No. 811(PB/2018 in IB-02(pb)/2017, it has been upheld that the voting threshold in the IBC are merely directory in nature and that preference can be taken to decision taken by the largest percentage in the Committee of Creditors in case of a deadlock. For a homebuyer or commercial property buyer, both of them involved in this case, the judge made an eventful judgement which approved the appointment of Interim Resolution Professional as Resolution Professional and that agenda items 4, 6 to 9 were also deemed to have been approved by majority of Committee of Creditors

German Income Tax: An interesting learning

September 27, 2018 2715 Views 0 comment Print

Germany has been changing income tax laws since 1964 to keep pace with the changing industrial scene in the world. Its complex income tax structure and progressive tax rates are explained in this article. With the opening up of their economy for working professionals from software super power like India, Indian professionals have started learning in German universities and started working in high tech companies. This article would open up the tax system in Germany for these brilliant young professionals. Your kid may be one of them to do business or work in one of their high- tech industries

I&B Code 2016, section 21: Member of Committee of Creditors – a serious discussion

September 22, 2018 2583 Views 0 comment Print

Insolvency and Bankruptcy Code, 2016, experts say, emanated from the noble hearts of the rulers who decided to help those who gave their life savings/assumption of unlimited liabilities based on the beautiful pictures and glib lectures of mostly young kids on flats, villas or dream like palaces but on a razor thin margin of reality. I feel sad but also remorseful that these financial creditors as the courts would start calling them, just got jinxed and most of them did not even file claims as per laid down procedures in above code

German Insolvency Law, with latest reforms

September 12, 2018 1239 Views 0 comment Print

Germany introduced the Bankruptcy Act, 1877 ranking itself as one of the topmost industrial nations which allowed its industries to opt for bankruptcy, if needed. After a long period, in 1999, with twenty years of discussions, hearings and meetings, Insolvency Statute replaced the relevant acts in erstwhile West Germany as well as the East Germany. Again, due to industrial distress, the above act was reformed with an update in 2012, 2014 and 2017. The full act can be referred at the following web site:

IBC, 2016: Analysis of cases settled under section 7,8,9 and 10

August 28, 2018 24729 Views 2 comments Print

Hundreds of cases have been settled under Insolvency and Bankruptcy Code, 2016 (I &B) or being battled out. Can we learn lessons from the obvious mistakes committed by some of the better lawyers? I have analyzed many cases under section 7, 8, 9, and 10. Frequent interaction with I&B resuscitates my intellectual curiosity.

Insolvency and Bankruptcy Code, 2016: Role of Insolvency Professional – A timely review

August 16, 2018 2232 Views 0 comment Print

With pulsating heart beats and anxiety, when my computer advised me to complete the examination conducted by Insolvency and Bankruptcy Board of India (IBBI) for Insolvency Professional certification purposes on August 9, 2018 at Meerut, I decided to write this article on the role of insolvency professionals with adequate information and a small review of their achievements and tribulations from actual court cases drawn from NCLT/NCLAT/Supreme Court.

Setting up a Public Credit Registry in India – Latest developments from RBI

June 18, 2018 1047 Views 0 comment Print

I have in my earlier article on Ease of doing business in India, published by Tax Guru on 06.11.2017 had informed that RBI had agreed to take necessary steps to set up a Public Credit Registry in India and in tune with that, RBI recently got a report on Public Credit Registry in India from a High-Level Task Force set up by RBI itself.

U S Taxation – With April 18, 2018 filing deadline, taxation season starts: Latest instructions

February 6, 2018 1335 Views 0 comment Print

With snow reportedly falling in Philadelphia, USA and other places, Internal Revenue Service(IRS), the most dynamic tax collecting wing of the Federal Government of USA, opened the electronic filing window on January 29, 2018, enabling millions of tax payers to start the process of tax filing and aspire for tax refunds, if eligible.

Do we really understand government securities? You can now, with its distinguishing features

February 5, 2018 1806 Views 0 comment Print

Flummoxed was the correct reaction when I heard from my son that thousands of pages of research papers have been written in USA over government securities. But, when Mr. Viral V. Acharya, Deputy Governor, RBI in his speech at annual dinner of FIMMDA, Mumbai stated that current bond future contracts, introduced only in 2014

Transfer pricing guidelines– Global/Indian scene: Latest income tax obligations of entities

January 20, 2018 2346 Views 0 comment Print

The following article has been written to explain the salient features of the reporting requirements enforced on corporations in India/abroad which are said to assist tax authorities around the world to use transfer pricing audit to get the tax due to their countries from corporations who seemed to have found various ways to avoid the tax owed by them.

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