Register Price / Packages DEMO Option My Bookmarks Daily Newsletters Feedback/ Suggestions
Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


Case Laws Acts Notifications Circulars Classification Forms Manuals Articles News D. Forum Highlights Notes
TMI - e-Newsletter     TaxTMI    LTCG - deduction u/s 54F - Ownership of more than...     TaxTMI    Validity of assessment order passed u/s 144C - The...     TaxTMI    Deductions u/s 80IC - audit report in Form 10 CCB,...     TaxTMI    Levy of penalty - The appellant was accused of...     TaxTMI    Seeking grant of bail - Evasion of GST - The High...     TaxTMI    Territorial Jurisdiction - seeking transfer of...     TaxTMI    Eligibility for Composition scheme - ice-cream -...     TaxTMI    Jurisdiction - power to adjudicate SCN - The High...     TaxTMI    Speculative loss or not - Determine the nature of...     TaxTMI    Characterization of receipt - amount received by...     TaxTMI    Validity of assessment order - SCN as also the...     TaxTMI    Seeking reimbursement of GST amount paid by the...     TaxTMI    Condonation of delay in filing an appeal before the...     TaxTMI    Valuation of imported goods - inclusion of royalty...     TaxTMI    Service of SCN - Breach of principles of natural...     TaxTMI    Latest Case-Laws     TaxTMI    Latest Notifications + Circulars     TaxTMI    GST Council Decisions     TaxTMI       Right Stop
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights February 2018 Year 2018 This

Corporate insolvency procedure - guarantee has not been invoked ...

Insolvency and Bankruptcy

February 15, 2018

Corporate insolvency procedure - guarantee has not been invoked - guarantor cannot be deemed to be a defaulter, therefore, his case is not covered under clauses (c) and (h) of section 29A of the amended I.B. Code. Disqualifying the entire class of guarantors under clause (h) of section 29A would be discriminatory. - Tri

View Source

 

← Previous Next →

 

You may also like:

  1. Recovery of electricity dues of the Company - personal liability of the Directors of the Defaulter Company/Corporate debtor which went into insolvency - it is clear that...

  2. CIRP - Corporate Guarantee and Liability - The Appellate Tribunal acknowledged that the company had issued corporate guarantees to financial institutions. Despite the...

  3. Insolvency and Bankruptcy Board of India (Bankruptcy Process for Personal Guarantors to Corporate Debtors) Regulations, 2019

  4. CIRP - personal Guarantor to Corporate Debtor - Australian National - lack of any Agreement of Guarantee - invalidity of any such Guarantee, even if issued - the...

  5. Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019

  6. Initiation of CIRP - Corporate Guarantor - When the Bank has given time to the Guarantor to make payment on 01.10.2020, there can be no default on part of the Guarantor...

  7. Initiation of CIRP - Personal Guarantors to Corporate Debtors - an irrevocable Deed of Guarantee has been signed between the SBI led Consortium and the Personal...

  8. Maintainability of Insolvency Petition against the Guarantor - The OTS is not a novation of the original debt but is only to be construed as Terms of Settlement offered...

  9. Initiation of CIRP - if the ‘Contract of Guarantee’ itself mentions that the liability of a Guarantor will be independent and separate than that of ‘Principal Debtor’s...

  10. Initiation of insolvency resolution of a personal guarantor of the Corporate debtors - The law doesn't envisage that the insolvency resolution of the personal guarantor...

 

Quick Updates:Latest Updates

H: Validity of Faceless Assessment - demand notice was issued without fur...
H: Rectification of mistake - period of limitation - To give appeal effec...
C: Discontinuation of Safeguard measures on import of Isopropyl alcohol (...
H: Prosecution Proceedings - Offence u/s 276B and 278B - not depositing t...
H: Income tax proceedings against company dissolved / insolvent - Jurisdi...
H: Validity of Reopening of assessment - “tangible material” as may ever ...
H: Deduction u/s 80P(2)(a)(i) - The Tribunal rejected the Revenues argume...
N: Notify “Public Tech Platform for Frictionless Credit” as the system wi...
N: Seeks to rescinds Notification G.O. (P) No.123/2023/TAXES dated the 12...
F: Notification No. 3/2023 - Compensation Cess (Rate) dt. 26.07.2023-Is i...
H: Levy of late fee u/s 234E for the delay in filing E-TDS return - the A...
H: Delay in filling appeal before the Tribunal - appeal is time-barred by...
F: Input Tax Credit
H: Levy of penalty u/s 270A - Excess exemption claimed on Gratuity u/s 10...
H: Territorial jurisdiction of Court - Confiscation of gold - levy of pen...
H: Summons issued to attend the office of the DRI - seeking permission fo...
A: The onus is entirely on the Revenue to establish existence of PE every year
A: Know the Contrasts between PF and ESIC
A: RECENT SUPREME COURT JUDGMENTS ON ARBITRATION
A: If tax liability including interest has been paid subsequently SCN can...
F: Man power supply to Poultry Farm - Taxable or exempt
F: Section 16(4)
F: iterest liability
H: Absolute Confiscation of gold recovered during the course of search - ...
H: Town Seizure - Absolute confiscation of gold - imposition of penalties...
H: Classification of imported goods - amino acid powder - whey protein po...
H: Multiple assessments in the same Bills of Entry - Finalization of prov...
A: REJECTION OF APPLICATION FOR INSOLVENCY RESOLUTION PROCESS OF PERSONAL...
A: Right to personal hearing and Right to object the SCN cannot be compro...
N: Foreign Exchange Management (Non-debt Instruments) (Third Amendment) R...