Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights July 2019 Year 2019 This

Declaration of the property as DISCLAIMED u/s Section 36(3)(c) ...


7.5 Cents Property Disclaimed Under Insolvency Code Still Included in Liquidation Estate; Affected Parties Considered Creditors.

July 1, 2019

Case Laws     Insolvency and Bankruptcy     Tri

Declaration of the property as DISCLAIMED u/s Section 36(3)(c) and (h) of I&B Code - not owned by CD - it is essential that the property having onerous characteristics admeasuring 7.5 cents should form the part of the liquidation estate of the Company - as per Regulation 10 (5) of the Liquidation Regulations, the Respondents being affected by the disclaimer shall be deemed to be a creditor and maybe paid as a debt in liquidation u/s 53(l)(f).

View Source

 


 

You may also like:

  1. Provisional Attachment - general principle for construction - Prohibition of Benami Property Transaction Act, 1988 - Section 32A of I & B Code - As there is nothing to...

  2. Refusal to stay the proceedings initiated by the Respondent, Axis Bank Limited against the Appellant - The title “Insolvency and Bankruptcy Code” makes it amply clear...

  3. Seeking release of security interest from the liquidation estate - If the respondent wants to proceed with the liquidation proceedings without relinquishing his security...

  4. The Circular by the Insolvency and Bankruptcy Board of India introduces electronic forms for monitoring liquidation processes under the Insolvency and Bankruptcy Code....

  5. Initiation of CIRP - real estate project - The nature of Debt is a "Financial Debt" as defined under section 5(8) of the Code. It has also been established that there is...

  6. The GST clarification on various several taxation issues. Key points include: (1) pepper of genus Piper attracts 5% GST under HS 0904, with agriculturists supplying...

  7. CIRP process - security deposit and/or intercorporate deposit - Whether this ‘Security Deposit’ and the interest thereon would fall within the ambit of the definition of...

  8. CIRP - Extinguishment of tax dues including the statutory dues owed to the Central Government, any State Government or any local authority post Application u/s 7 of the...

  9. The Tribunal examined the maintainability of an application for initiating the Corporate Insolvency Resolution Process (CIRP) u/s 7 of the Insolvency and Bankruptcy Code...

  10. Doctrine of necessity invoked to grant opportunity to deposit balance amount into liquidation account to avoid liquidation and enable Corporate Debtor to revive as going...

  11. The circular issued by the Insolvency and Bankruptcy Board of India outlines the requirement for Insolvency Professionals (IPs) to file specific forms electronically to...

  12. The provident fund dues, including contributions u/s 7A, interest u/s 7Q, and damages u/s 14 of the EPF Act, are not part of the liquidation estate assets. The EPFO...

  13. NCLAT addressed a dispute regarding an onerous Leave and License Agreement under Regulation 10 of Liquidation Regulations. The Tribunal unanimously held that the...

  14. Corporate Insolvency Resolution Process (CIRP) against guarantor - corporate debtor admittedly being corporate guarantor to the money borrowed by the principal borrowers...

  15. The case pertains to the admissibility of Input Tax Credit (ITC) on the 'Rotary Parking System' falling under HSN code 8428 and the blocking of credit u/s 17(5) of the...

 

Quick Updates:Latest Updates