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SC adopted principle of ‘lower risk of injustice’ in reverse CIRP of Supertech

June 1, 2023 948 Views 0 comment Print

Supreme Court, in the present Supertech Ltd matter, adopted lower risk of injustice even if ultimately in the aforesaid appeals, the Hon’ble Supreme Court may find otherwise or choose any other course.

COC can approach to Court for Forensic Audit of Corporate Debtor

May 31, 2023 1188 Views 0 comment Print

Explore the case of Motel Rahans Pvt. Ltd. Vs JSM Devcons Pvt Ltd., where a secured financial creditor approached NCLT Indore Bench seeking a forensic audit of the Corporate Debtor. Learn about the scope of consideration by the Committee of Creditors (CoC) in appointing professionals, the role of the Resolution Professional, and the direction given by the court for a forensic audit. Understand the implications of the court’s decision and the limited role of CoC in approving fees for auditors.

Valuation by CS holding certification of registration as Registered Valuer is not acceptable in FDI reporting

May 28, 2023 1602 Views 0 comment Print

In case of Foreign Direct Investment, the valuation of equity instruments should be done as per any internationally accepted pricing methodology for valuation on an arm’s length basis duly certified by a Chartered Accountant or a Merchant Banker registered with the Securities and Exchange Board of India or a practicing Cost Accountant, in case of an unlisted Indian Company.

Appointment of Authorised Representative for Class of Creditors

May 7, 2023 2829 Views 0 comment Print

Understand the concept of Authorised Representative (AR) in Corporate Insolvency Resolution Process (CIRP). Learn about the duties, criteria, and selection process for AR, ensuring effective representation of creditors in COC meetings. Explore the role of the Interim Resolution Professional (IRP) in ascertaining the class of creditors and facilitating the appointment of AR in compliance with the Insolvency and Bankruptcy Code, 2016.

IBC Case Study –Breach of Moratorium

April 27, 2023 1182 Views 0 comment Print

Explore an IBC case study on the breach of moratorium. Understand the legal implications, actions taken by NCLT, and the responsibilities of an Interim Resolution Professional. Get insights into sections 17 and 18 of the Insolvency and Bankruptcy Code, 2016. Stay informed on corporate insolvency resolution process intricacies.

IBC Case Study – Delay in appointment of Valuer

April 26, 2023 744 Views 0 comment Print

Explore an IBC case study on the consequences of a delay in the appointment of valuers. Understand the legal violations, impact on the Corporate Insolvency Resolution Process (CIRP), and implications for the Resolution Professional (RP). Stay informed on Insolvency and Bankruptcy Code intricacies.

Whether approval of Committee of Creditor is necessary for appointment of Transaction/Forensic Auditor?

April 9, 2023 3561 Views 0 comment Print

Explore the necessity of Committee of Creditors approval for the appointment of Transaction/Forensic Auditor under Section 18 of the Insolvency and Bankruptcy Code, 2016. Understand the role of Forensic Auditors in identifying PUFE Transactions and ensuring compliance with IBC regulations.

Undertaking for issue of Information Memorandum to Members of Committee or Resolution Applicant

March 30, 2023 1386 Views 0 comment Print

Explore the significance of the confidentiality undertaking for the Information Memorandum in corporate insolvency resolution. Learn about the legal framework, sample undertaking, and its implications.

Jurisdiction of Officers of Central Tax under GST

March 2, 2023 7401 Views 0 comment Print

Discover the jurisdiction of officers of Central Tax under GST, including their appointment, powers, and territorial jurisdiction outlined in the CGST Act, 2017. 

Whether an order can be passed on the basis of allegations which were not mentioned in Impugned SCN?

February 25, 2023 3042 Views 0 comment Print

SCN is vague and cryptic in nature and order in original has been passed beyond the scope of SCN, both are liable to be quashed and set aside.

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