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        <h1>Tribunal grants exclusion of restructuring period from liquidation, sets Liquidator's fee as per regulations</h1> <h3>Amarjeet Singh Versus Goodwin Packpet Private Limited</h3> Amarjeet Singh Versus Goodwin Packpet Private Limited - TMI Issues:- Exclusion of period for restructuring the corporate debtor from liquidation- Calculation of the fee of the Liquidator as per regulationsAnalysis:Issue 1: Exclusion of period for restructuring the corporate debtor from liquidationThe Applicant, as the Liquidator of the Corporate Debtor, sought exclusion of the period from January 11, 2021, to July 28, 2021, from the liquidation process. The Applicant mentioned that the suspended board of directors of the Company had proposed a plan to restructure the Company under Section 230 of the Companies Act, 2013, within 90 days from the commencement of liquidation. However, the promoters failed to present a restructuring proposal within the stipulated period. The Tribunal had previously granted an extension of 30 days for the directors to clear off dues to creditors for restructuring, but they could not meet the deadline. Citing Regulation 2 B (2) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2020, which allows excluding the time taken for compromise or arrangement not exceeding ninety days from the liquidation period, the Tribunal decided to exclude the period in question to complete the liquidation process in compliance with the regulations.Issue 2: Calculation of the fee of the Liquidator as per regulationsThe Applicant also requested the Tribunal to calculate the fee of the Liquidator in accordance with Regulation 4(2)(b) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, excluding the period from January 11, 2021, to July 28, 2021. The Tribunal, after considering the facts, circumstances, and the impact of the pandemic, decided to dispose of the application by excluding the specified period from the liquidation process. The fee of the Liquidator was directed to be calculated following the IBBI Regulations, excluding the mentioned period. This decision aimed to ensure the completion of the liquidation process while adhering to the regulatory framework.In conclusion, the Tribunal, in its order dated October 21, 2021, granted the reliefs sought by the Applicant, excluding the period for restructuring the corporate debtor from liquidation and directing the calculation of the Liquidator's fee in accordance with the applicable regulations.

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        ActsIncome Tax
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