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...
IBBI specifies mandatory formats under Regulation 38(3A) of the CIRP Regulations for inclusion in every resolution plan: (i) a "Statement of Beneficial Ownership" capturing prescribed particulars for each beneficial owner, with beneficial ownership determined under Rule 9(3) of the PMLA (Maintenance of Records) Rules, 2005 and requiring disclosure of intermediate entities; this standardises beneficial ownership disclosures and supports verification, with misrepresentation attracting consequences under applicable law. (ii) A notarised affidavit by the prospective resolution applicant's authorised signatory declaring eligibility or ineligibility for Section 32A benefit, with brief supporting facts; this compels an express Section 32A status declaration. The resolution professional must ensure both documents form part of the plan placed before the CoC and filed under Section 30(6).
IBBI specifies mandatory formats under Regulation 38(3A) of the CIRP Regulations for inclusion in every resolution plan: (i) a "Statement of Beneficial Ownership" capturing prescribed particulars for each beneficial owner, with beneficial ownership determined under Rule 9(3) of the PMLA (Maintenance of Records) Rules, 2005 and requiring disclosure of intermediate entities; this standardises beneficial ownership disclosures and supports verification, with misrepresentation attracting consequences under applicable law. (ii) A notarised affidavit by the prospective resolution applicant's authorised signatory declaring eligibility or ineligibility for Section 32A benefit, with brief supporting facts; this compels an express Section 32A status declaration. The resolution professional must ensure both documents form part of the plan placed before the CoC and filed under Section 30(6).
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