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IBC casts duty on IP to carefully plan his actions and not be negligent: IBBI

May 4, 2023 1050 Views 0 comment Print

IBC casts duty on IP to carefully plan his actions and not be negligent while performing his functions and duties under Code. It is the professional’s responsibility and duty to actively and consciously perform his functions, and there should be no lapses while discharging his functions.

IP to take reasonable care and diligence while incurring expenses

May 4, 2023 927 Views 0 comment Print

Section 208(2)(a) of the Code mandates the IP to take reasonable care and diligence while performing his duties, including incurring expenses. He must, therefore, ensure that not only fee payable to him is reasonable, but also other expenses incurred by him are reasonable. The DC notes that during the personal hearing held on 28.04.2023, Mr. […]

Appointment of CAA in respect of SCNs issued to M/s A.K. Construction Co.

May 4, 2023 969 Views 0 comment Print

Appointment of Common Adjudicating Authority (CAA) in respect of SCNs issued to M/s A.K. Construction Co. vide Order No. 07 /2023-Service Tax Dated: 4th May, 2023. CBIC-240137/3/2023-SERVICE TAX SECTION-CBEC F.No. CBIC-240137/3/2023-SERVICE TAX SECTION-CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs CX & ST Wing, New Delhi […]

Appointment of CAA in respect of SCNs issued to M/s Hi-tech Equipment Services

May 4, 2023 840 Views 0 comment Print

Appointment of Common Adjudicating Authority (CAA) in respect of SCNs issued to M/s Hi-tech Equipment Services vide Order No. 06/2023- Service Tax Dated: 4th May, 2023. F.No. CBIC-2401 37/3/2023-SERVICE TAX SECTION-CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs CX & ST Wing Order No. 06/2023- Service […]

Appointment of CAA in respect of SCNs issued to M/s Subhash Earthmovers

May 4, 2023 885 Views 0 comment Print

Appointment of Common Adjudicating Authority (CAA) in respect of SCNs issued to M/s Subhash Earthmovers vide Order No. 05/2023-Service Tax Dated: 4th May, 2023 F.No. CBIC-240137/3/2023-SERVICE TAX SECTION-CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs CX & ST Wing New Delhi Order No. 05/2023-Service Tax | […]

IBBI penalises IP for conducting auction in hasty and improper manner 

May 2, 2023 1074 Views 0 comment Print

DC finds that Mr. Vedagiri Venkata Krishnamurthy has conducted the second and third auctions in improper manner by fixing the same date for deposit of EMD by any prospective bidder and the date of publication of auction notice date, and giving only two days for second auction and three days for third auction to participate […]

Violation of private placement Provisions- MCA imposes Rs. 4 Crore Penalty

May 1, 2023 59733 Views 0 comment Print

The complainants in their complaint have inter-alia alleged that the Company and its officers in default have accepted money on private placement basis in contravention of provisions of section 42 of the Companies Act, 2013 and Rules made there under.

Excessive Liquidator Fees – IBBI caution liquidator

May 1, 2023 858 Views 0 comment Print

Disciplinary Committee (DC) of IBBI notes that Mr. Dushyant C Dave had not excluded the liquidation cost while arriving at fee based on the amount of realisation. However, Mr. Dushyant C Dave has proactively credited this difference to the account of the CD already. The DC takes a sympathetic view in this matter. Further, with […]

Excessive Liquidator Fees – IBBI imposes Penalty on liquidator

May 1, 2023 1473 Views 0 comment Print

In view of the foregoing, the DC finds that Mr. Ravinder Kumar Goel has over-charged his fee by not deducting the liquidation cost from his fees computed as per regulation 4(2)(b) of Liquidation Regulations. Mr. Ravinder Kumar Goel should not have taken the fees on the amount payable to suppliers even though this was pending […]

Company & Directors penalized for failure to disclose Director’s shareholding in other Companies

April 28, 2023 2616 Views 0 comment Print

Sun Pharmaceutical Industries Limited and its Directors penalized for failure to disclose Director’s shareholding in other Companies in Form DIR 12 Name of the Company: Sun Pharmaceutical Industries Limited Order Date: 28/04/2023 ROC: Gujrat, Dadra & Nagar Haveli Violation: Section 170 (2) of the Companies Act, 2013 read with Rule 18 of the Companies (Appointment […]

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