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Insolvency Professionals Must Disclose Carry Forward Tax Losses in Information Memorandums Under Amended CIRP Regulations

IBBI has mandated that IPs must include a dedicated section in Information Memorandums detailing carry forward losses under the Income Tax Act, 1961. This enhanced disclosure requirement follows an amendment to Regulation 36 of CIRP Regulations and observations that current disclosures lack robustness. IPs must now specifically detail: quantum of available carry forward losses, breakdown under specific heads per tax law, applicable time limits for utilization, and explicit mention if no such losses exist. This framework aims to provide resolution applicants with comprehensive understanding of the corporate debtor's financial position to develop more informed resolution plans. .....

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