Online bond platforms may offer overseas-regulated products and tax-specific bonds subject to disclosures, compliance safeguards and revised complianc...
Corporate guarantee valuation permits actual ascertainable commission while barring retroactive application and extended-period penalties for bona fid...
Proper-officer jurisdiction under UPGST penalty provisions upheld; participation on merits prevents bypassing the statutory appellate remedy through w...
Transitioned CENVAT credit may validly satisfy mandatory pre-deposit requirements for legacy service tax appeals through Electronic Credit Ledger debi...
Building-plan sanction charges require statutory authority; unauthorised fees and GST were quashed, while labour cess must follow prescribed collectio...
Pure-agent exclusion fails where hotel booking facilitators receive third-party services themselves, making entire customer consideration taxable as r...
Insolvency and BankruptcyMarch 19, 2024Case LawsAT
Initiation of CIRP - Guarantor - Extinguishment of debt - The NCLAT upheld the NCLT's decision, finding that ECL did not act as a guarantor for ESL's debts based on the contractual documents and the parties' actions. It also clarified that the approval of a resolution plan for a corporate debtor does not automatically discharge the liabilities of third parties or guarantors. However, the tribunal's analysis indicated that the extinguishment of debt post-resolution plan approval pertains only to the corporate debtor, not extending automatically to third parties or guarantors unless explicitly stated in the resolution plan.
Initiation of CIRP - Guarantor - Extinguishment of debt - The NCLAT upheld the NCLT's decision, finding that ECL did not act as a guarantor for ESL's debts based on the contractual documents and the parties' actions. It also clarified that the approval of a resolution plan for a corporate debtor does not automatically discharge the liabilities of third parties or guarantors. However, the tribunal's analysis indicated that the extinguishment of debt post-resolution plan approval pertains only to the corporate debtor, not extending automatically to third parties or guarantors unless explicitly stated in the resolution plan.
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