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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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        Insolvency and Bankruptcy

        2021 (8) TMI 165 - AT - Insolvency and Bankruptcy

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        Corporate person under insolvency law excludes a society deemed a body corporate under state registration law. A society registered under the Societies Registration Act, 1860 and treated as a body corporate under the Andhra Pradesh Societies Registration Act, 2001 ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Corporate person under insolvency law excludes a society deemed a body corporate under state registration law.

                            A society registered under the Societies Registration Act, 1860 and treated as a body corporate under the Andhra Pradesh Societies Registration Act, 2001 is not a corporate person under the Insolvency and Bankruptcy Code, 2016 unless it falls within the Code's express statutory categories. The Code applies to companies incorporated under company law, limited liability partnerships, and other bodies specifically brought within its scope by notification under Section 2. State-law deeming provisions do not enlarge the Code's coverage, and a society remains outside Section 3(7) merely because it is treated as a body corporate for state-law purposes. A Section 7 petition against such a society is therefore not maintainable.




                            Issues: Whether a society registered under the Societies Registration Act, 1860 and treated as a body corporate under the Andhra Pradesh Societies Registration Act, 2001 is a corporate person to whom the Insolvency and Bankruptcy Code, 2016 applies.

                            Analysis: The Code applies only to the entities specifically covered by Section 2. A society registered under the 1860 Act is not a company incorporated under the Companies Act, 2013 or a previous company law, is not a limited liability partnership, and is not a body incorporated under any law specified by notification under Section 2(d). Even if Section 18 of the Andhra Pradesh Societies Registration Act, 2001 renders such a society a body corporate for the purposes of that Act, it does not make the society a company or a person incorporated with limited liability within the meaning of Section 3(7) of the Code. The deeming effect of the repeal and savings clause does not expand the Code's coverage beyond its express statutory scheme.

                            Conclusion: The society is not a corporate person under the Insolvency and Bankruptcy Code, 2016, and a petition under Section 7 of the Code is not maintainable against it.

                            Ratio Decidendi: A society deemed to be a body corporate under a state societies statute is not, without more, a corporate person under the Insolvency and Bankruptcy Code, 2016 unless it is a company, a limited liability partnership, or a body expressly brought within the Code by statutory notification.


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