Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
The IRP for corporate persons regulations were amended to tighten committee composition and insolvency cost control. Regulation 16 now requires the eighteen largest unrelated operational creditors to be considered, and if fewer than eighteen exist, all such unrelated operational creditors must be included. Where creditors other than scheduled banks or public financial institutions hold more than 66% voting share, the resolution professional must invite the five largest unrelated operational creditors, including the three largest statutory-dues authorities, as non-voting observers and record their observations. The committee must approve all insolvency resolution process costs, consider a Going Concern Assessment Report at the first meeting, and at each meeting review estimates and actuals. Resolution plans must now be recorded with reasons on viability, realisable value versus fair and liquidation values, and adequacy of market discovery.
The IRP for corporate persons regulations were amended to tighten committee composition and insolvency cost control. Regulation 16 now requires the eighteen largest unrelated operational creditors to be considered, and if fewer than eighteen exist, all such unrelated operational creditors must be included. Where creditors other than scheduled banks or public financial institutions hold more than 66% voting share, the resolution professional must invite the five largest unrelated operational creditors, including the three largest statutory-dues authorities, as non-voting observers and record their observations. The committee must approve all insolvency resolution process costs, consider a Going Concern Assessment Report at the first meeting, and at each meeting review estimates and actuals. Resolution plans must now be recorded with reasons on viability, realisable value versus fair and liquidation values, and adequacy of market discovery.
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