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...
Amends the Pre Pack regulations to redefine "fair value" as the estimated realizable value of the corporate debtor or its assets on the insolvency commencement date, computed after marketing and including tangible, intangible assets and underlying synergies. Requires appointment of two sets of registered valuers, each set comprising one valuer per asset class with a coordinating valuer. Prescribes a process: valuers to explain methodology to the committee, conduct physical verification, submit asset level fair and liquidation values to coordinating valuers, which compute set fair values considering synergies; the fair value of the corporate debtor is the average of the two coordinating valuer estimates and liquidation value is the asset class averages. Valuation reports must follow Board notified formats.
Amends the Pre Pack regulations to redefine "fair value" as the estimated realizable value of the corporate debtor or its assets on the insolvency commencement date, computed after marketing and including tangible, intangible assets and underlying synergies. Requires appointment of two sets of registered valuers, each set comprising one valuer per asset class with a coordinating valuer. Prescribes a process: valuers to explain methodology to the committee, conduct physical verification, submit asset level fair and liquidation values to coordinating valuers, which compute set fair values considering synergies; the fair value of the corporate debtor is the average of the two coordinating valuer estimates and liquidation value is the asset class averages. Valuation reports must follow Board notified formats.
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