Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Amendments redefine "fair value" as estimated realizable value of the corporate debtor or its assets on the insolvency commencement date and require the resolution professional to appoint two sets of registered valuers within specified timelines to determine fair value and liquidation value. Valuation procedure mandates asset-class valuers with a coordinating valuer, a pre valuation meeting, physical verification, valuation reports per Board format, a third set where estimates differ by 25% or on committee request, and averaging of the two closest estimates for final fair value and liquidation value. Information memorandum disclosures are expanded to include receivables, joint development arrangements, attached assets and details of allottees; resolution plans must address allottees who have not filed claims.
Amendments redefine "fair value" as estimated realizable value of the corporate debtor or its assets on the insolvency commencement date and require the resolution professional to appoint two sets of registered valuers within specified timelines to determine fair value and liquidation value. Valuation procedure mandates asset-class valuers with a coordinating valuer, a pre valuation meeting, physical verification, valuation reports per Board format, a third set where estimates differ by 25% or on committee request, and averaging of the two closest estimates for final fair value and liquidation value. Information memorandum disclosures are expanded to include receivables, joint development arrangements, attached assets and details of allottees; resolution plans must address allottees who have not filed claims.
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