NCLAT overturned NCLT's perjury conviction and fine against ...

Incorrect Form 18 Declaration During Company-to-LLP Conversion Not Perjury Under IPC Section 199, NCLT Lacks Authority

March 3, 2025

Case Laws IBC AT

NCLAT overturned NCLT's perjury conviction and fine against appellants for incorrect Form 18 declaration to ROC during company-to-LLP conversion. While appellants erroneously stated no pending proceedings existed when CIRP was filed, the tribunal held this inadvertent misstatement before ROC did not constitute perjury under IPC s.199. NCLT lacked jurisdiction to prosecute under s.340 CrPC without establishing it was "expedient in the interest of justice." Furthermore, per IBC s.236(1), NCLT had no authority to convict for offenses under IBC Chapter VII Part II, as jurisdiction lies with Special Court under Companies Act, 2013. Fine and conviction set aside, appeal allowed.

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NCLAT overturned NCLT's perjury conviction and fine against ...

Incorrect Form 18 Declaration During Company-to-LLP Conversion Not Perjury Under IPC Section 199, NCLT Lacks Authority

March 3, 2025

Case Laws IBC AT

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