Validity of order of Adjudicating authority (NCLT) observations ...

Case Laws Insolvency and Bankruptcy

June 26, 2021

Validity of order of Adjudicating authority (NCLT) observations against the IRP to refer the matter to IBBI. - Order of NCLT relies more on uploading of the Order on website, rather than finding if or not the Order was actually communicated to parties and IRP. Admission Order para 11 even mentioned e-mail address of IRP. Communication could have been sent even on e-mail. - Therefore no fault on the part of IRP for not having knowledge of order of NCLT - Paragraphs 24 and 25 of the Impugned Order set aside - AT

View Source

← Previous Next →

Validity of order of Adjudicating authority (NCLT) observations ...

Case Laws Insolvency and Bankruptcy

June 26, 2021

You may also like:

Scope of NCLT Rules - fees mentioned in Rule 112 read with the definition clause 2(12) does not mention either CIRP costs or the fees to be paid to the IRP or RP. The...

The Appellate Tribunal allowed the appeal, setting aside the order dismissing the application for revival of the Corporate Insolvency Resolution Process (CIRP). The...

CIRP - Seeking not to treated as a related party of the Corporate Debtor - the Adjudicating Authority has erred in making specific observation that no material has been...

Initiation of re-assessment proceedings/revision - Jurisdiction - The only error that appears to have crept in the order of the appeal authority as has been confirmed by...

Fixation of IRP fees - lack of earnestness and proficiency on the part of the IRP - The Appellate Tribunal finds that the IRP's fees were initially quoted at a higher...

Conduct of IRP - Validity of order whereby application for initiation of CIRP was accepted - Settlement between the Corporate Debtor and the Operational Creditor - IRP...

Initiation of CIRP - Period of Limitation - Exclusion of certain period - NCLT rejected the application - The Adjudicating Authority has committed error in rejecting the...

The court held that Section 6(2)(b) of the Act treats the empowered officers under the SGST/UGST Act at the central level to be at par and does not prescribe for...

Jurisdiction - Status of NCLT as Court or not - The term Adjudicating Authority, as defined in Section 5(1) of IBC cannot come within the ambit of court as defined in...

Appointment of IRP - the provisions of law empower the CoC contemplated under Section 22 of the I&B Code, 2016 either to continue the IRP as RP or replace the IRP. When...

Conduct of the Resolution Professional (IRP) - prayer to expunge the said observations on the ground, that being adverse, it has the effect of damaging the reputation...

The court found that the factual position was not in dispute. The authority made assessments for the financial years 2017-18 and 2018-19 based on an intelligence report....

The High Court examined the constitutional validity of exclusion (iii) to the Explanation to Section 17 of the CGST Act regarding the applicability to service providers....

Reopening of assessment u/s 147 - it appears that the AO has recorded to the effect that he could not refer the matter to the Transfer Pricing Officer nor could he...

Scheme of faceless assessment - the time given to the petitioner to show cause was virtually of three days only - It is deemed appropriate that rather than this Bench,...

Quick Updates: