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

NCLT Order Overturned Due to Lack of Proper Communication to Parties, Including Interim Resolution Professional.

June 26, 2021

Case Laws Insolvency and Bankruptcy AT

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 ...

NCLT Order Overturned Due to Lack of Proper Communication to Parties, Including Interim Resolution Professional.

June 26, 2021

Case Laws Insolvency and Bankruptcy AT

You may also like:

Cancellation of GST registration of petitioner - appeal barred by limitation or not - appeal was filed after a period of four months - Noting the significance of proper...

Refund of EDD - Period of limitation - Appellant unaware of finalisation of bills of entry - The Appellate Tribunal notes that neither the original authority nor...

Violation of principles of natural justice - Mode of Communication - petitioner submits that in most of the cases, the assessees are not aware of the show cause notices...

HC determined that Revenue's contradictory stance regarding BCCI's registration status was legally untenable. While Revenue argued the communication dated 28 December...

Validity of Communication over Email - The petitioner claims that notices and orders from the GST authorities were not received due to being diverted to the spam folder...

Violation of principles of natural justice - petitioner was not provided with an adequate opportunity to defend SCN - The Delhi High Court ruled in favor of the...

Service of notice, summons, requisition, order and other communication - CBDT makes the Rules for determination of Address including Electronic Address (e-mails) for...

ITAT quashed assessment order regarding additions under section 56(1)(vii) amounting to Rs. 139.67 crores made on basis of third-party documents found during search...

The case involved a dispute regarding the classification of services as intermediary services for export during 2009-10 to 2013-14. The Tribunal found that the...

The case involved the legality of assessment u/s 153A vs. 153C based on materials found during a search of a third party. It was held that assessment u/s 153A cannot be...

Cryptic show-cause notice and suspension of registration without assigning adequate reasons violates principles of natural justice. Authorities should not pass orders...

The ITAT denied deduction u/s 80GGC for contributing to an unrecognized political party lacking recognition by the Election Commissioner of India and infrastructure. The...

Dishonour of Cheque - Scope of interim compensation - Liability of the Director the Company - The High Court found that Section 143A does not mandate the imposition of...

Addition made u/s 69C of the Income Tax Act for alleged cash payments based on a WhatsApp message and statement of a third party. The key points are: The WhatsApp...

Reopening of assessment under old regime - scope of new regime - scope of TOLA - In this detailed judgement, the Court found that the notice issued under Section 148 was...

Quick Updates: