CIRP - Fraudulent transactions - Transaction Auditor has ...

Adjudicating Authority Ordered to Investigate Transactions u/ss 43, 45, 50, and 66 of IBC Due to Auditor's Inconclusiveness.

November 4, 2022

Case Laws Insolvency and Bankruptcy AT

CIRP - Fraudulent transactions - Transaction Auditor has admitted inability to comment on the transactions falling under Sections 43, 45 and 50 of IBC and in respect of fraudulent transactions under Section 66 of IBC also did not give a conclusive opinion and opined need of further investigation. - Adjudicating Authority directed to take appropriate steps to conduct a detailed and in-depth investigation of the transactions in dispute to arrive at a conclusive opinion - AT

View Source

← Previous Next →

CIRP - Fraudulent transactions - Transaction Auditor has ...

Adjudicating Authority Ordered to Investigate Transactions u/ss 43, 45, 50, and 66 of IBC Due to Auditor's Inconclusiveness.

November 4, 2022

Case Laws Insolvency and Bankruptcy AT

You may also like:

Undervalued/preferential/fraudulent transactions - Failure to adjudicate about the ingredients of Section 43, 45, 49 and 66, specifically - need for separate...

Preferential Transactions or not - documents being “Transaction Audit Report” and “Forensic Audit Report” were not provided to the Appellants - whether the impugned...

CIRP - Preferential and fraudulent transaction - The Adjudicating Authority has erroneously dismissed the application filed by the Resolution Professional under Sections...

Fraudulent/wrongful trading - It is clear from the language of section 66(1) that unlike application provided under section 43, section 45, section 50 and section 47 or...

The NCLAT held that the erstwhile Resolution Professional (RP) acted in deference to the commercial wisdom of the Committee of Creditors (CoC), which is paramount....

The Supreme Court held that the lookback period for related party transactions u/s 43 of the Insolvency and Bankruptcy Code (IBC) is two years before the insolvency...

CIRP - Preferential Transactions or not - related transaction or not - Transaction within look bak period - such transactions are carried with intent to defraud...

Preferential, undervalued and fraudulent transactions - Related party transactions - It is amply clear that the Option Agreements I & II are preferential and undervalued...

Gross violation of CBEC instructions and the precedential value of CESTAT decisions. The Revenue filed an appeal before the first Appellate Authority without specifying...

The National Company Law Appellate Tribunal in New Delhi addressed the maintainability of proceedings u/s 66 of the Insolvency and Bankruptcy Code, 2016. The Resolution...

The NCLT's finding that the trademark transaction was preferential and undervalued under Sections 43 and 45 of the IBC was overturned. The Resolution Professional (RP)...

Finance Bill, 2016 has been passed by the Loksabha today (5-5-2016) with several amendments to the Clauses 3, 7, 16, 19, 41, 43, 46, 49, 50, 52, 53, 60, 66, 81, 86, 96,...

The provisions of the IBC 2016 would prevail over the Income Tax Act 1961. Income Tax authorities have limited jurisdiction to assess/determine the quantum of Income Tax...

Corporate debtor defaulted in repaying financial debt owed to financial creditor. NCLAT dismissed appeal, upholding orders of adjudicating authority. Transaction...

CIRP - Preferential Transaction - transactions infringing section 43 of the IBC - the transactions made between 22.6.2021 to 30.9.2021 were all made within a period of...

Quick Updates: