Commission expenditure linked to pharmaceutical marketing income qualifies as business deduction when recipient identity, genuineness and business pur...
Country of Origin Certificates and declared transaction value supported preferential customs exemption where authenticity and invoice prices remained ...
The NCLAT dismissed the appeal challenging the quashing of the e-auction conducted on 31.01.2024 for the sale of the Corporate Debtor as a going concern and the rejection of the appellant's proposed Scheme of Arrangement u/s 230 of the Companies Act, 2013. The Tribunal held that with the enactment of the IBC, the significance of Section 230(1) in addressing insolvency has diminished. The follow-up process u/s 230(1) is necessary only when the Liquidator fails to sustain the Corporate Debtor as a going concern. Regulation 32A mandates the Liquidator to prioritize selling the Corporate Debtor as a going concern to maximize value. Minor discrepancies during the bid process were deemed inconsequential as the Successful Bidder is operating the Corporate Debtor as a going concern, fulfilling the IBC's objective. The appeal lacked merits and was dismissed.
The NCLAT dismissed the appeal challenging the quashing of the e-auction conducted on 31.01.2024 for the sale of the Corporate Debtor as a going concern and the rejection of the appellant's proposed Scheme of Arrangement u/s 230 of the Companies Act, 2013. The Tribunal held that with the enactment of the IBC, the significance of Section 230(1) in addressing insolvency has diminished. The follow-up process u/s 230(1) is necessary only when the Liquidator fails to sustain the Corporate Debtor as a going concern. Regulation 32A mandates the Liquidator to prioritize selling the Corporate Debtor as a going concern to maximize value. Minor discrepancies during the bid process were deemed inconsequential as the Successful Bidder is operating the Corporate Debtor as a going concern, fulfilling the IBC's objective. The appeal lacked merits and was dismissed.
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