Supreme Court & High Courts Weekly Round up
This weekly round-up analytically summarises the key stories of the Supreme Court & High Court cases reported at taxscan.in, from April 13th, 2024 to April 20th, 2024. SUPREME COURT Licensing of software products of Microsoft
Power of recall is not Power of  Tribunal to rehear case,  which is scope of Review of Judgment : NCLAT [Read Order]
The Delhi bench of the National Company Law Appellate Tribunal(NCLAT) held that power to recall is not power of the tribunal to rehear the case , which is the scope of review of judgment. The
NFAC cannot Invoke Section 144B of Income Tax Act based on Failure to Lodge claim within Time Stipulated: Delhi HC [Read Order]
In a recent decision the Delhi High Court ruled that the National Faceless Assessment Centre ( NFAC ) cannot invoke Section 144B of the Income Tax Act, 1961 based on failure to lodge claim within
Absence of claim not Forming Part of Resolution Plan: Gujarat HC quashes Demand Notice and Assessment Order [Read Order]
The Gujarat High Court quashed demand notice and assessment order in the absence of claim not forming part of resolution plan. It is the case the petitioner that as per clause 12.3 (viii) of the
Moratorium u/s 14 of IBC not Bar to Execute Decree against Directors/Officers of Corporate Debtor: SC [Read Judgement]
The Supreme Court of India in a recent decision ruled that the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 ( IBC ) is not bar to execute a decree against directors/officers
No Petition Maintainable before NCLT u/s 95 of IBC Against Partnership Firm/Directors
The Karnataka High Court has held that filing a petition against a partnership firm or its Directors under Section 95 of the Insolvency and Bankruptcy Code, 2016, before the National Company Law Tribunal is not
Case Digest on IBBI Misconduct Stories
The Insolvency and Bankruptcy Board of India ( IBBI ) is the regulator for overseeing insolvency proceedings and entities like Insolvency Professional Agencies ( IPA ), Insolvency Professionals (IP) and Information Utilities (IU) in India.
Value of Liquidation Value more than Resolution Plan: NCLT directs SRA to Match Liquidation Value [Read Order]
The Allahabad Bench of the National Company Law Tribunal ( NCLT ) directed the Successful Resolution Applicant ( SRA ) to match the liquidation value as the value of liquidation was more than the Resolution
Resolution Professional Accountable for Biased Conduct: NCLT
The Mumbai Bench of the National Company Law Tribunal ( NCLT ) observed that Resolution Professional is accountable for his biased conduct. The present Application was preferred by the Bank of India, one of the
Adjudicating Authority under IBC not appropriate forum to decide Revocation of Attachment Made by ED during CIRP: NCLT
The Chennai Bench of the National Company Law Tribunal ( NCLT ) held that adjudicating authority under the Insolvency and Bankruptcy Code, 2016 ( IBC ) is not appropriate forum to decide revocation of attachment
Requirement of Satisfying Minimum Threshold will be Applicable to any Amount Raised from Allottee: NCLT [Read Order]
The Chandigarh Bench of the National Company Law Tribunal ( NCLT ) observed that the requirement of satisfying the minimum threshold will be applicable to any amount raised from allottee. The present petition has been
Advance paid by Speculative Buyer in Real Estate not Financial Debt under IBC: NCLAT [Read Order]
The New Delhi Bench of the National Company Law Appellate Tribunal ( NCLAT ) observed that advance paid by speculative buyer in real estate not financial debt under the Insolvency and Bankruptcy Code, 2106 (
ITAT Weekly Round Up
This is the weekly round of the Income Tax Appellate Tribunal ( ITAT ) that were published at Taxscan.in from March 09, 2024  to March 15 are analytically summarized in this Round-Up. Relief to Toyota
No appeal should be filed when Moratorium u/s 14 IBC are issued by NCLT for initiating CIRP: ITAT [Read Order]
The Mumbai bench of Income Tax Appellate Tribunal ( ITAT ) ruled that no appeal should be filed when moratoriums under Section 14 of Insolvency and Bankruptcy Code ( IBC )are issued by the National Company
Section 29A(C) of IBC disqualifies persons Managing and Controlling Corporate Debtor who Failed to Clear Debts: NCLAT [Read Order]
The New Delhi Bench of the National Company Law Appellate Tribunal ( NCLAT ) ruled that Section 29A(C) of the Insolvency and Bankruptcy Code, 2016 ( IBC ) disqualifies persons managing and controlling corporate debtor