Invoice-based recovery claims remain time-barred despite separate winding-up proceedings, absent valid acknowledgment or part-payment of the disputed ...
Extended limitation fails without specific suppression allegations, while overseas employee secondment remains taxable as manpower supply within norma...
Time-share accommodation classification excludes Club or Association Service where purchasers receive contractual occupancy rights without genuine mem...
CENVAT credit for trading requires reversal, while taxable-service rental credit remains proportionately available and limitation issues await resolut...
Vicarious liability for dishonoured company cheques may extend to non-signatory directors where complaints contain foundational responsibility avermen...
The High Court upheld the validity of Regulation 3(2)(b)(i) of the SEBI (Delisting of Equity Shares) Regulations, 2021, which exempts the delisting of shares pursuant to an approved resolution plan under the Insolvency and Bankruptcy Code (IBC) from SEBI's delisting regulations. The court ruled that the IBC, being a later and overriding legislation, would prevail over the SEBI Act in case of conflict. The delisting under the IBC resolution plan cannot be considered ultra vires. The court rejected the challenge to the NCLT order approving the resolution plan for delisting the shares of Reliance Capital Limited, holding that the petitioner's lack of notice argument was misconceived given the IBC provisions and limited scope of judicial review.
The High Court upheld the validity of Regulation 3(2)(b)(i) of the SEBI (Delisting of Equity Shares) Regulations, 2021, which exempts the delisting of shares pursuant to an approved resolution plan under the Insolvency and Bankruptcy Code (IBC) from SEBI's delisting regulations. The court ruled that the IBC, being a later and overriding legislation, would prevail over the SEBI Act in case of conflict. The delisting under the IBC resolution plan cannot be considered ultra vires. The court rejected the challenge to the NCLT order approving the resolution plan for delisting the shares of Reliance Capital Limited, holding that the petitioner's lack of notice argument was misconceived given the IBC provisions and limited scope of judicial review.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
