Section 8 The Insolvency and Bankruptcy Code, 2016

Insolvency resolution by operational creditor (1) An operational creditor may, on the occurrence of a default, deliver a demand notice of unpaid operational debt or copy of an invoice demanding payment of the amount involved in the default to the corporate debtor in such form and manner as may be prescribed. (2) The corporate debtor shall, within a period of ten days of the receipt of the […]

Section 7 The Insolvency and Bankruptcy Code, 2016

Initiation of corporate insolvency resolution process by financial creditor. (1) A financial creditor either by itself or jointly with 1[other financial creditors, or any other person on behalf of the financial creditor, as may be notified by the Central Government] may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred. 2[Provided that for the financial creditors,

Section 6 The Insolvency and Bankruptcy Code, 2016

Persons who may initiate corporate insolvency resolution process Where any corporate debtor commits a default, a financial creditor, an operational creditor or the corporate debtor itself may initiate corporate insolvency resolution process in respect of such corporate debtor in the manner as provided under this Chapter. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax

Section 5 The Insolvency and Bankruptcy Code, 2016

Definitions In this Part, unless the context otherwise requires, – (1) “Adjudicating Authority”, for the purposes of this Part, means National Company Law Tribunal constituted under section 408 of the Companies Act, 2013 (18 of 2013); (2) “auditor” means a chartered accountant certified to practice as such by the Institute of Chartered Accountants of India under section 6 of

Section 4 The Insolvency and Bankruptcy Code, 2016

Application of this Part (1) This Part shall apply to matters relating to the insolvency and liquidation of corporate debtors where the minimum amount of the default is one lakh rupees: Provided that the Central Government may, by notification, specify the minimum amount of default of higher value which shall not be more than one crore rupees. 1[Provided further that the Central

Section 3 The Insolvency and Bankruptcy Code, 2016

Definitions In this Code, unless the context otherwise requires, – (1) “Board” means the Insolvency and Bankruptcy Board of India established under sub-section (1) of section 188; (2) “bench” means a bench of the Adjudicating Authority; (3) “bye-laws” mean the bye-laws made by the insolvency professional agency under section 205; (4) “charge” means an interest or lien created on the property or assets of

Section 2 The Insolvency and Bankruptcy Code, 2016

Application The provisions of this Code shall apply to— (a) any company incorporated under the Companies Act, 2013 (18 of 2013) or under any previous company law; (b) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such

Section 1 The Insolvency and Bankruptcy Code, 2016

Short title, extent and commencement NO. 31 of 2016 [28th May, 2016] [Amended Upto 04-04-2021] An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and

Remuneration to Directors of a Company

The compensation of Executive and Non-Executive Directors has traditionally been one of the most thoughtful and contentious corporate governance topics. The subject has gained in significance since it affects the company’s cash outflow, the computation of net profits, the disclosure of information to shareholders, and the approval of Directors, shareholders, and the Remuneration Committee.  All

Income Tax Appeal ITAT Tribunal

The Commissioner of Income-Tax (Appeals) is the first appellate authority and the Income Tax Appellate Tribunal (ITAT) is the second appellate authority. Appeal to the ITAT can be filed by any of the aggrieved party either by the taxpayer or by the Assessing Officer.The ITAT is constituted by the Central Government and functions under the