Declaration of the property as DISCLAIMED u/s Section 36(3)(c) ...

Case Laws Insolvency and Bankruptcy

July 1, 2019

Declaration of the property as DISCLAIMED u/s Section 36(3)(c) and (h) of I&B Code - not owned by CD - it is essential that the property having onerous characteristics admeasuring 7.5 cents should form the part of the liquidation estate of the Company - as per Regulation 10 (5) of the Liquidation Regulations, the Respondents being affected by the disclaimer shall be deemed to be a creditor and maybe paid as a debt in liquidation u/s 53(l)(f).

View Source

← Previous Next →

Declaration of the property as DISCLAIMED u/s Section 36(3)(c) ...

Case Laws Insolvency and Bankruptcy

July 1, 2019

You may also like:

Benami Property Transaction - title over the suit properties - Moreover purchase of a property by husband in the name of the wife cannot be called a benami transaction...

Initiation of CIRP - real estate project - The nature of Debt is a "Financial Debt" as defined under section 5(8) of the Code. It has also been established that there is...

Initiation of CIRP - the nature of Debt is a "Financial Debt" as defined under section 5 (8) of the Code. It has also been established that there is a "Default" as...

Validity of Reopening of assessment u/s 147 - When pursuant to an information received from the Assistant Director of Income Tax (Inv.), Unit-3 (3), Kolkata, the...

Initiation of CIRP - the ‘Lease’ in the instant case, is a ‘Financial Lease’ and comes to an irresistible conclusion that there is ‘Financial Debt’ as per section 5(8)...

Income from house property - one is self occupied property and second is vacant property - AO has applied ALV at 7% of book value of the property and computed deemed...

Classification of imported goods - Big Cola - Big Orange Cola - Big Lemon etc. - In our view neither carbonated beverage alone nor fruit juice alone gives the essential...

Assessment u/s 153A/143 - Difference between assessments under section 143(3) and 144 - Mention of nature of the order as section 153A r.w.s. 143(3) was not a technical...

Valuation of imported goods - Admittedly, it is evident on the face of the record that deductive value was available before the Court below which have not been rejected...

CIRP - Liquidation proeedings - fraudulent transactions - The self–contained IBC in Sec.35(2) empowers the liquidator to take possession (custody) and control of all...

100% EOU - failure to fulfill the export conditions - the appellant themselves treated CD/ CD-R and Stamper as a different goods. Now their stand that both are similar...

Initiation of CIRP - Decree Holder - Financial Creditor - the debt in this case arising out of a decree, is a Financial Debt. - Section 3(11) of the Code defines debt as...

Gain on sale of land - capital gain or business income - The statement read as a whole does not indicate that the assessee has admitted as observed by A.O. in assessment...

The Appellate Tribunal upheld the dismissal of an application u/s 9 of the Insolvency and Bankruptcy Code due to improper service of notice u/s 8. The notice was issued...

Additions on account of Client-code modification (CCM) - undisclosed profit on future and option transaction in shares - Whole basis of making additions in the hands of...

Quick Updates: