Monthly Archives: December 2016

Section – 40 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 40 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Admission or rejection of claims. 40. (1) The liquidator may, after verification of claims under section 39, either admit or reject the claim, in whole or in part, as the case may… Read More »

Section – 39 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 39 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Verification of claims. 39. (1) The liquidator shall verify the claims submitted under section 38 within such time as specified by the Board. (2) The liquidator may require any creditor or the… Read More »

Section – 38 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 38 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Consolidation of claims. 38. (1) The liquidator shall receive or collect the claims of creditors within a period of thirty days from the date of the commencement of the liquidation process. (2)… Read More »

Section – 37 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 37 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Powers of Liquidator to access information. 37. (1) Notwithstanding anything contained in any other law for the time being in force, the liquidator shall have the power to access any information systems… Read More »

Section – 36 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 36 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Liquidation Estate. 36. (1) For the purposes of liquidation, the liquidator shall form an estate of the assets mentioned in sub-section (3), which will be called the liquidation estate in relation to… Read More »

Section – 35 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 35 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Powers and duties of Liquidator. 35. (1) Subject to the directions of the Adjudicating Authority, the liquidator shall have the following powers and duties, namely:— (a) to verify claims of all the… Read More »

Section – 34 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 34 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] Appointment of Liquidator and fee to be paid. 34. (1) Where the Adjudicating Authority passes an order for liquidation of the corporate debtor under section 33, the resolution professional appointed for the… Read More »

Section 33 of Insolvency and Bankruptcy Code 2016

By | December 11, 2016

Section – 33 of Insolvency and Bankruptcy Code 2016 [ Comes into Force w.e.f 15.12.2016 vide Notification No S.O. 3687(E) Dated 09.12.2016 ] CHAPTER III LIQUIDATION PROCESS Initiation of Liquidation. 33. (1) Where the Adjudicating Authority,— (a) before the expiry of the insolvency resolution process period or the maximum period permitted for completion of the… Read More »

No reopening of case u/s 147 due to increased sales in FY 2016-17 : CBDT Circular

By | December 11, 2016

Circular No. 40/2016 Government of India Ministry of Finance Department of Revenue (CBDT) North Block, New Delhi, the 9th of December, 2016 Subject: – Directions under section 119 of the Income-tax Act, 1961-regd.- Recent initiatives of the Government to curb the black economy in the country has encouraged people to shift towards digital mode of… Read More »

section 33 to section 54 of Insolvency and Bankruptcy Code 2016 w.e.f 15.12.2016

By | December 11, 2016

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 9th December, 2016 S.O. 3687(E).—In exercise of the powers conferred by sub-section (3) of section 1 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby appoints the 15th day of December, 2016 as the date on which the provisions of section 33… Read More »