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Provisions of SICA prevails over Companies Act

Corporate Law : Where a winding up order is passed by court but before final dissolution of company and a reference is made to BIFR under Section ...

July 1, 2016 3316 Views 0 comment Print


Latest News


Government may increase BIFR benches

Corporate Law : The Government is considering increasing the number of benches in BIFR, the quasi-judicial body that looks at revival of financial...

May 5, 2010 444 Views 0 comment Print

Recovery of sales tax and recovery of dues to Public Works Department not permissible without consent of BIFR

Company Law : B.V.V. Paper Industries Ltd. vs. Commercial Tax Officer [(2008) 145 Comp. Cas 815 (Mad]) The Petitioner Company became side and a ...

February 25, 2009 507 Views 0 comment Print


Latest Judiciary


Supreme Court Upholds Tax Settlement: Niket Udyog Ltd Vs State of M.P.

Corporate Law : Learn how the Supreme Court upheld the tax settlement of Niket Udyog Ltd under the SICA Act, as directed by BIFR. Analysis and imp...

March 21, 2024 129 Views 0 comment Print

Tax Exemption to encourage Industrialization cannot be equated with Tax Refund

Corporate Law : Exemption from tax to encourage industrialization cannot be equated with refund of tax. They are two different legal and distinct ...

December 7, 2017 1041 Views 0 comment Print

BIFR empowered by express provisions of SICA to curtail the rights of shareholders

Company Law : The Appellant, a State level institution incorporated for the purpose of development of industries in the State, was an equity sha...

February 25, 2009 444 Views 0 comment Print


Latest Notifications


Procedure for representation before BIFR and AAIFR

Finance, Income Tax : CIRCULAR NO. 5/2009 In supersession to all circulars and instructions of the Central Board of Direct Taxes (CBDT) issued on the a...

July 2, 2009 3736 Views 0 comment Print


Latest Posts in BIFR

Supreme Court Upholds Tax Settlement: Niket Udyog Ltd Vs State of M.P.

March 21, 2024 129 Views 0 comment Print

Learn how the Supreme Court upheld the tax settlement of Niket Udyog Ltd under the SICA Act, as directed by BIFR. Analysis and implications discussed.

Tax Exemption to encourage Industrialization cannot be equated with Tax Refund

December 7, 2017 1041 Views 0 comment Print

Exemption from tax to encourage industrialization cannot be equated with refund of tax. They are two different legal and distinct concepts. An exemption is a concession allowed to a class or individual from general burden for valid and justifiable reason.

Provisions of SICA prevails over Companies Act

July 1, 2016 3316 Views 0 comment Print

Where a winding up order is passed by court but before final dissolution of company and a reference is made to BIFR under Section 15 of SICA, and then a question will arise that if provisions of Companies Act will prevail or provisions of SICA will prevail. Various courts have discussed this issue in different matters.

Government may increase BIFR benches

May 5, 2010 444 Views 0 comment Print

The Government is considering increasing the number of benches in BIFR, the quasi-judicial body that looks at revival of financially sick companies, Finance Minister Pranab Mukherjee said yesterday. Board of Industrial and Financial Reconstruction (BIFR) currently has only three benches, which is one of the reasons why revival or winding up cases get dragged for years.

Procedure for representation before BIFR and AAIFR

July 2, 2009 3736 Views 0 comment Print

CIRCULAR NO. 5/2009 In supersession to all circulars and instructions of the Central Board of Direct Taxes (CBDT) issued on the above subject, the CBDT prescribes the following procedure to be followed before the Board for Industrial and Financial reconstruction (BIFR) and the Appellate Authority for Industrial and Financial Reconstruction (AAIFR) in respect of granting Income tax reliefs/concessions to be given to sick companies for its rehabilitation under the Sick Industrial Companies (SICA) Act, 1985.

Recovery of sales tax and recovery of dues to Public Works Department not permissible without consent of BIFR

February 25, 2009 507 Views 0 comment Print

B.V.V. Paper Industries Ltd. vs. Commercial Tax Officer [(2008) 145 Comp. Cas 815 (Mad]) The Petitioner Company became side and a reference was filed before the Board for Industrial & Financial Reconstruction (BIFR) u/s. 15(1) of Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) for declaring the company a sick company and also for effecting […]

BIFR empowered by express provisions of SICA to curtail the rights of shareholders

February 25, 2009 444 Views 0 comment Print

The Appellant, a State level institution incorporated for the purpose of development of industries in the State, was an equity shareholder in the Third Respondent Company. The company was referred to the Board For Industrial Reconstruction (BIFR) for the purpose of framing a scheme for rehabilitation. The Board approved the draft revival scheme and circulated the scheme seeking suggestions and objections of the shareholders including the Appellant.

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