Tuesday, 12 May 2020

12 May 2020 News and Updates

12th May 2K20 

Ø  E-commerce policy put on hold
Ø  China threatens 'countermeasures' against US
Ø  Media, entertainment sector revenue could take 16% hit
Ø  No increase in lease rent of SEZ units for 2020-21
Ø  ONGC losses on gas business to widen to Rs 6,000 cr
Ø  Life insurers’ business performance dips in April
Ø  Economy requires Rs 4.5 lakh crore fiscal support at current juncture: Ficci to FM
Ø  Govt changes tack with plans for bigger stimulus rivaling G-20 peers

Ø  After Franklin fiasco, unlisted debt securities come under Sebi scrutiny
Ø  Worst yet to come: Fed official after US loses 20.5 mn jobs due to Covid-19
Ø  Tata Power SED bags Rs 1,200 cr deal to modernise 37 military airfields
Ø  Adani drops out of Snowman acquisition as Covid shrinks industry valuation

Ø  ‘Economic activities to gather steam in coming days’
Ø  Indian power sector adds more new capacity in FY20 vis-à-vis FY19
Ø  Gujarat amends APMC Act by promulgating Ordinance
Ø  IndianOil raises refinery operations to 60 per cent of design capacity
Ø  Piramal Enterprises posts net loss of Rs 1,702.6 crore in Q4

Ø  India to further open up economy with focused steps to contain pandemic
Ø  Jio's ₹70,000-crore capital raising may help RIL's mega rights issue
Ø  Tata Power dropped moratorium plea, now repaying debt as agreed: CFO
Ø  Yield on 10-year bond settles higher on increased government borrowing

Ø  Extra borrowing: FY21 fiscal deficit likely at 5.8%, growth to slip to 0.5% says report
Ø  US economy will bounce back despite getting ‘biggest negative shock’: White House officials
Ø  Saudi Arabia triples taxes, cuts $26 billion in costs amid coronavirus pandemic

Ø  CII seeks Rs 15 lakh crore as immediate stimulus package
Ø  PNB scam: Nirav Modi's extradition trial to begin in UK over money laundering case
Ø  FM Nirmala Sitharaman postpones meet with PSB chiefs to later this week
.
========>
.
Authority & Competency of Professionals to issue Demand Notice under Section 8 (1) of Insolvency and Bankruptcy Code, 2016

The author is of view that earlier, NCLAT was negative in approach to decide the issue in its older judgments. It not only ignored the true spirit of Section (30) of the Advocates Act, 1961 but also shut its eyes on Article 19(1) (g) of Constitution of India. Though the NCLT & NCLAT are required to follow the principle of natural justice, without following stringent and technical provisions of CPC or Evidence Act while deciding matter before it so that they remain out of legal complexity while deciding issue under IBC, they chose to enter into complex legal issues that too with negative answers. The professional like Advocates, Chartered Accountants, and Company Secretaries have been specifically allowed to participate in proceedings of IBC by Code itself, in different capacity, hence any interpretation should be such which empower them to assist the Tribunal more effectively to achieve aims and objects of Code.

https://ibclaw.in/authority-competency-of-professionals-to-issue-demand-notice-under-section-8-1-of-insolvency-and-bankruptcy-code-2016-by-advocate-jatin-rajput/
.
========>
.
No Bar on Chartered Accountants for Acceptance of more than 15% Fees from Single Client: ICAI issues Clarification

Read more at: https://www.taxscan.in/no-bar-on-chartered-accountants-for-acceptance-of-more-than-15-fees-from-single-client-icai-issues-clarification/57436/

.
========>
.

👉 The National Company Law Tribunal has refused to admit an insolvency petition filed by India Resurgence Asset Reconstruction Company, a joint venture between Piramal Enterprises and Bain Capital, against Indian Steel Corporation, calling it “defective”.

The asset reconstruction company (ARC) had approached the Mumbai bench of the NCLT, claiming that the Gujarat-based maker of cold rolled coils and sheets had failed to pay Rs 1,487.59 crore of debt as on September 30, 2019. The ARC had acquired the debt in May last year from State Bank of India.

Indian Steel Corp owed SBI and its former associate banks ₹1,829 crore. The state-run lender, which had declared the assets as non-performing in May 2016, had sold the loans for ₹362 crore.

After hearing arguments from both parties, the bench said on Friday that there was no document placed on record acknowledging the liability in the three-year period commencing from December 31, 2013, which would have the effect of extending the period of limitation — the period within which legal action could be initiated or a right enforced.

“The petition filed by the financial creditor (India Resurgence ARC) is, therefore, defective to the extent indicated,” the order by judges Rajasekhar VK and Ravikumar Duraisamy said.


👉 Pre-packaged corporate insolvency resolution plan will help expedite resolution process for stressed assets as well as reduce the number of insolvency-related cases before the National Company Law Tribunal (NCLT), according to experts.

The Insolvency and Bankruptcy Code (IBC) provides for a time-bound and market-linked resolution framework. An insolvency resolution has to be approved by NCLT.

As part of efforts to fast-track processing of cases, the government has been mulling introduction of the provision for pre-packaged (pre-pack) corporate insolvency resolution plan wherein a restructuring plan would be agreed upon in advance between the company and its creditors.

Last year, the corporate affairs ministry sought comments on pre-packaged resolution plans but a final decsion on the provision is awaited.

"Pre-pack process will cut short time spent at the NCLT, and the consequent delay in implementation of a workable resolution plan.

"If a pre-pack is properly implemented and the court intervention is reduced, it is likely to bring efficiency in the resolution process and in turn have a positive effect on the value maximisation for the creditors," Punit Dutt Tyagi, Executive Partner at Lakshmikumaran & Sridharan Attorneys said.

Under the pre-packaged process, he said main stakeholders like creditors, shareholders and the existing management/ promoter can come together to identify a prospective buyer and negotiate terms of a resolution plan, before submitting it to NCLT for formal approval.

.
========>
.


👉🏻Clarification on Fees from a Single Client - ICAI
(ICAI clarified that there is NOT a bar in the revised Code of Ethics on acceptance of more than 15% fees from a single client)
👇🏻 👇🏻 👇🏻
https://bit.ly/3bjKqb3

👉🏻IBA wants to house Rs 75,000 crore bad loans via Bad Bank
(The Indian Banks Association has firmed up a proposal to house approximately Rs 70,000-75,000 CR of bad loans at book value in its proposed ‘bad bank’) 
👇🏻 👇🏻 👇🏻
https://bit.ly/3fJWKoK

👉🏻Overview of Multilateral Instruments (MLI) and Equalisation Levy
(Overview of Multilateral Instruments MLI and Equalisation Levy discussed by CA.Gaurav Makhijani)
👇🏻 👇🏻 👇🏻
https://bit.ly/35Vl0PZ

.
========>
.
Britannia Winkin’ Cow Thick Shake’ classifiable as Flavoured Milk attracting 12% GST: AAR [Read Order]

Read more at: https://www.taxscan.in/britannia-winkin-cow-thick-shake-classifiableas-flavoured-milk-attracting-12-gst-aar/57445/
.
========>
.
Sale of DVDs and CDs with Licensed Software will attract Higher GST Rate: AAR [Read Order]

Read more at: https://www.taxscan.in/sale-of-dvds-and-cds-with-licensed-software-will-attract-higher-gst-rate-aar/57431/
.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝


Thanks for reading

Monday, 11 May 2020

11 May 2020 News and Updates

Corporate Snippets on May 11

Ø India's top five IT firms added 25% fewer people in FY210

Ø E-commerce orders gradually scaling back: Industry

Ø Credit guarantee scheme for banks needed: Subbarao

Ø Restructuring laid the path for M&As: Cognizant CEO

Ø 25% startups in serious trouble if COVID-19 persists

Ø IRDAI extends grace period for life insurance policies

Ø Wadhawans' bail plea rejected, sent to judicial custody

Ø Reliance fixes May 14 as record date for rights issue of Rs 53,125 crore

Ø India may set 10% beneficial ownership cap for FDI flowing from 7 countries

Ø Calls for debt monetisation gain traction as Covid-19 cripples economy

Ø 401 infrastructure projects show cost overrun of Rs 4.06 trillion: Report

Ø Big ticket infra projects to boost steel demand despite slowdown: RINL CMD

Ø FM to review credit flow by PSBs on May 11

Ø India’s coal production to clock record 700 million tonnes in FY21: Coal Secretary

Ø Rashtriya Chemicals & Fertilisers records 35 per cent hike in sale of ‘Suphala’ fertilisers

Ø Dr Reddy’s recalls 1,752 bottles of heartburn drug in the US

Ø HDFC AMC Q4 net profit down 9 % on lower income

Ø Adani Transmission net profit down 60% to ₹59 crore on write-off over finance sunk cost

Ø Govt. set to announce fiscal package, Rs. 20,000-crore shot for migrants

Ø Govt. ropes in Zydus Cadila to mass produce ELISA antibody test kits

Ø Gulf banks can absorb $36 billion in new credit losses, S&P says

Ø Infosys reopens offices in a staggered manner

Ø FPIs invest ₹15,958 crore in first week of May

Ø Calls for debt monetisation gain traction as COVID-19 cripples economy

Ø Maiden round-the-clock renewable energy auction gets tariff of Rs 2.90/unit

Ø Not offering emergency loans through YONO platform: SBI

Ø India’s coal production to clock record 700 million tonnes in FY21: Anil Jain

Ø India's fuel demand crashes nearly 50% in April

Ø US economy lost a staggering 20.5 million jobs, historic unemployment rate in April

Ø US to temporarily ban work-based visas including H-1B

.
=========>
.
🏛️ Landmark and combined judgement passed by Delhi High Court in the case of 4 assessees🏛️

📕 TRAN-1 can be filed upto 30th June 2020.📕

👁️Important points of order are...👁️

1️⃣Court ordered that as per Limitation Act, taxpayers cannot be denied from filing TRAN-1 upto 3 years from the appointed date under GST i.e. 01.07.2017. 

👉🏼 *Since 3 years would end on 30.06.2020*, therefore court directed the department to allow all the petitioners to file their TRAN-1 latest by 30.6.2020.

2️⃣ The interesting point in the order is that the court not only allowed the petitioners to file their TRAN-1, but also allowed all other assessees (who may not have been able to file earlier) to file their TRAN-1 latest by 30.06.2020.

.
=========>
.
Bharti Airtel allowed to rectify its mistake done in GSTR-3B of FY 2017-18 and claim refund of Rs. 923 Crores : Delhi High Court

"While a common man was busy in preparing reconcilation of their mistakes and trying to adjust it in succeeding months, Bharti Airtel got clearance to rectify its mistake in the same month's return."

Summary:
Bharti Airtel, despite of having sufficient ITC in hand, discharged its liability in GSTR-3B by paying cash of Rs.923 Crores in the FY 2017-18 by mistake. Delhi High Court allowed the petitioner to rectify its GSTR-3B mistake now and claim refund of cash paid of *Rs. 923 Crores.

This judgement has been passed by over-ruling the central govt circular in which govt restricted the taxpayers to rectify and revise their mistakes of GSTR-3B in the same month and advised to adjust the same in succeeding months.

.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝


Thanks for reading

Saturday, 9 May 2020

9 May 2020 News and Updates

9.05.2020 !! Saturday

1. Economic Times Top News Headlines

·      India readies for May 17. This is how we may walk out of lockdown

·      The mother of all airlifts is getting bigger

·      Grounded jets make it tough to predict weather

·      Covid Live: Mike Pence spokeswoman tests positive

·      The damage report of Franklin's fall is here

·      Stranded NRIs get a much-needed tax relief

·      Gujarat becomes 3rd state to exempt labour laws

·      Pandenomics: CEA decodes the relief package math

·      BMC chief transferred as Mumbai struggles...

·      US stocks rally despite surge in unemployment

·      Why Elon Musk wants to sell his homes

·      Will India do enough to lead new world order?

·      View: In the lockdown, a breath of fresh air

·      Delhi govt to pay for train travel of migrant workers

·      Mukesh Ambani is a man on a mission

·      India alters FY21 borrowing plan due to Covid

·      India readies for May 17. This is how we may walk out of lockdown

·      The mother of all airlifts is getting bigger

·      Grounded jets make it tough to predict weather

·      Covid Live: Mike Pence spokeswoman tests positive

·      The damage report of Franklin's fall is here

·      Stranded NRIs get a much-needed tax relief

·      Gujarat becomes 3rd state to exempt labour laws

·      Pandenomics: CEA decodes the relief package math

·      BMC chief transferred as Mumbai struggles...

·      US stocks rally despite surge in unemployment

·      Why Elon Musk wants to sell his homes

·      Will India do enough to lead new world order?

·      View: In the lockdown, a breath of fresh air

·      Delhi govt to pay for train travel of migrant workers

·      Mukesh Ambani is a man on a mission

·      India alters FY21 borrowing plan due to Covid

·      Solid digital business model helped post strong Q4 numbers: ICICI Securities

·      States to which migrant labourers are returning must use this to attract investment: Vikram Kirloskar

·      Investors lapping up consumer, insurance, pharma & telecom stocks due to earnings certainty: ASK Investment

·      Cadila, Aurobindo & Dr Reddy’s top bets in pharma space: Axis Capital

·      No correlation seen between Jio investments and chances of Aramco deal: Axis Securities

·      Aurangabad mishap: Maha govt announces Rs 5 lakh compensation to kin of train accident victims

·      Decentralisation of decision making, transparency key to combat Covid-19 pandemic on all fronts: Rahul gandhi

·      States should consider home delivery of liquor during lockdown, says Supreme Court

·      New road will shorten Kailash Mansarovar yatra by six days

·      DD, AIR show weather reports from Gilgit- Baltistan from today, officials say more reports to follow

·      Reports of second leakage in Vizag not true; working to ensure complete plugging of leak: NDRF DG

·      Vizag gas leak: NGT issues notice to LG Polymers, Environment Ministry; 50 cr fine levies on company

·      UP govt warns of stern action against liquor vendors overcharging customers

·      COVID-19: 22 migrants escape from quarantine centre in Chhattisgarh

·      NGT fines LG Polymers Rs 50 cr for now on gas leak, forms fact-finding panel

·      Social stigma, low testing behind West Bengal's high COVID-19 mortality rate, say experts

·      Vande Bharat Mission: Air India Express Captain addresses passengers, urges to follow safety protocol

·      Rahul Gandhi seeks exit plan, stimulus packages

·      Pained beyond words at death of migrants: JP Nadda

·      Covid-19 cases in India cross 56,000 mark, 1,886 deaths so far

·      'Minuscule technical leak' at Vizag factory; situation under control: Officials

·      Tamil Nadu records Rs 170 cr revenue from liquor sale on day 1 of lockdown relaxation

·      Aurangabad train mishap: PM Modi condoles deaths, assures assistance to affected

·      View: Let us keep “nation first and citizen first” as our doctrine and philosophy

·      View: How Manipur is taming the Covid dragon

·      Rajasthan village enforces social distancing using umbrellas

·      Lockdown compliance in Chennai least in Tamil Nadu: IIT study

·      Half of India has almost flattened Covid curve

·      India coronavirus count, May 8: Over 56,000 cases now, 1,886 dead

·      All major states working on implementing home delivery options for liquor: ISWAI

·      Mike Pence spokeswoman, married to top Trump adviser, diagnosed with coronavirus

·      Donald Trump asserts coronavirus will 'go away' without vaccine

·      WHO recommends a ‘solidarity trial’ to speed up vaccine

·      US Justice Dept drops case against Michael Flynn

·      Coronavirus could kill 190,000 Africans and 'smolder' in continent

·      US unemployment rate spikes to 14.7%, highest since Great Depression

·      China supports WHO-led review of global pandemic response

·      World War II survivor Tony Vaccaro survives Covid-19

·      End 'tsunami of hate' over COVID-19 pandemic says UN Chief

·      China's new spacecraft returns to Earth: official

·      Migrants stranded all over world at heightened risk of COVID-19: IOM

·      US opening again, rebuilding the greatest economy: Donald Trump

 

2. Business Standard Top News Headlines

·         Long walk home ends in tragedy: Goods train mows down 16 migrants
·         Covid-19: Relief for NRIs, foreign visitors as tax residency rules eased
·         Vista Equity Partners to invest Rs 11,367 crore in Jio Platforms
·         Govt hikes borrowing limit by over 50% to Rs 12 trn as virus grips economy
·         Vizag gas leak: NGT orders LG Polymers to deposit Rs 50 cr pending probe
·         Lockdown 3.0: Pharma hubs take extra precaution to tame Covid-19 outbreak
·         Carlyle Group to buy 74% in SeQuent Scientific for over Rs 1,500 crore
·         Serum Institute hopes to roll out a Covid-19 vaccine. Is this realistic?
·         Arjun Deshpande: The teenager who convinced Tata to invest in his startup
·         Cognizant posts 17% drop in net profit; Covid-19 to impact Q2 numbers
·         We are better placed to withstand Covid-19 impact: Cognizant CEO Humphries
·         FY21 will test RBL Bank on many fronts, investors advised caution
·         Country's first round-the-clock solar power tender closes at Rs 2.9/unit
·         CBDT orders tax officials to not issue scrutiny notices to taxpayers
·         Gujarat eases labour laws, offers land to firms shifting base from China
·         Export contraction in April could surpass March's steep 25-year decline
·         Labour law changes in UP, MP a bigger pandemic in the offing: BMS President
·         Nomura predicts Indian GDP to contract by 5.2% in FY21, more rate cuts
·         Franklin Templeton issues apology to Sebi for global chief's remarks
·         India's credit profile to face further pressure due to Covid-19: Moody's
 

3. Financial Express Top News Headlines

·         FM Nirmala Sitharaman to meet PSB chiefs on Monday; to review credit flow, support to NBFCs
·         GST relief 2.0: Govt can provide relaxations with respect to certain measures under GST
·         Ease labour laws now: UP gets it right, but relaxation must become permanent
·         Uber resumes operations in green, orange zones amid lockdown
·         IndiGo to implement wider pay cuts, send some staff on leave without pay
·         Net inflows into equity MFs halve in April compared to March, as investors turn cautious
·         Analyst Corner: Jindal Steel & Power Rating 'buy' - Volume uptick in April beat sector trend
·         Sovereign rating: Moody’s warn of India downgrade, pegs FY21 growth at 0%
·         FY21 borrowing target raised by a massive 54%

.
===========>
.
IBBI: Insolvency regulator IBBI has come up with a novel initiative of seeking public and stakeholders comments on all the regulations framed by it so far since the enactment of the Insolvency and Bankruptcy Code in 2016. The idea is to enable the Insolvency and Bankruptcy Board of India (IBBI) get an universe of ideas based on which the extant regulatory framework could be fine-tuned.

RBI has cleared the fog on ‘special provisioning’ of loans which are under moratorium — a clarification that has come as a relief to many banks. In a recent conversation with bank CEOs, senior regulatory officials have spelt out that provisioning should be considered only for loans where principal or interest payments are overdue between 61 and 90 days as on March 1, 2020. Such loans are categorised as SMA2 — or, special mention accounts (SMA) -2.

 ICAI: Advisory for Statutory Bank Branch Auditors w.r.t. Specific Considerations while conducting Distance Audit / Remote Audit / Online Audit of Bank Branch under current Covid-19 situation. https://resource.cdn.icai.org/59391aasb48345.pdf

ICAI invites applications from eligible members of the Institute having a flair for academic activities including evaluation of answer books and willing to undertake confidential assignments as a dedicated examiner, for empanelment as an examiner of the Chartered Accountants Examinations. http://examinerspanel.icaiexam.icai.org

ICAI: Application for empanelment as Examiner can be submitted online at: http://examinerspanel.icaiexam.icai.org

Supreme Court in the case of Union of India (UOI) and Ors. Vs. Exide Industries Limited and Ors, upholding the constitutional validity of Sec. 43B(f) reversed the judgment of the Calcutta HC in Exide Industries Ltd. The Hon’ble Court remarked that “the broad objective of enacting Section 43B concerning specified deductions referred to therein was to protect larger public interest primarily of revenue including welfare of the employees and Clause (f) fits into that scheme and shared sufficient nexus with the broad objective.

CBIC said any registered person during the period from the April 21, 2020 to June 30, 2020, will be allowed to furnish the return under section 39 in Form GSTR-3B verified through electronic verification code (EVC). Currently, businesses are required to digitally sign GSTR-3B form while filing monthly return and paying taxes. 

Delhi High Court in the case of Bharti Airtel Ltd. Vs UOI in its decision dated 05-05-2020 decided that Assessee be allowed to file rectified GSTR 3B. Para 4 of Circular 26/26/2017to the extent it requires adjustment in ITC and output in the month in which error is discovered should be read down. 

Delhi High Court: Freezing of petitioner's Bank Accounts - GST liability of the petitioner qua Delhi is about ₹ 11.5 crores and for PAN India’s is ₹ 59.24 crores approximately. - on payment of ₹ 5.5 crores within two days from the date of defreezing of its all accounts, no coercive action be taken against the petitioner till it continue abiding by the undertaking given today. An undertaking be filed in the course of the day.

RBI may cut the reverse repo rate further as banks continue to increasingly deploy surplus funds with it despite the same being cut twice since March 27 to nudge them to lend. Reverse repo rate, which is the interest rate that the central bank pays banks for parking surplus funds with it, has been cut twice -- from 4.90 per cent to 4 per cent on March 27 and from 4 per cent to 3.75 per cent on April 17 -- to encourage banks to deploy these surplus funds in investments and loans in productive sectors of the economy.

SBI board has approved extending the Reserve Bank of India granted moratorium to non banking finance companies (NBFCs) which apply for the same. In its weekly meeting the committee decided that NBFCs like other companies will be offered a moratorium on interest payment for three months starting March 1. However, these companies will have to show a cash shortage to prove that they will not use the relief to divert funds for other purposes.

.
===========>
.

👉🏻Clarification in respect of residency under section 6 of the Income-tax Act - CBDT
(CBDT has relaxed residency norms for Non-Resident Indians (NRI) and foreign visitors forced to stay back in India due to the lockdown and ban on international air travel)
👇🏻 👇🏻 👇🏻
https://bit.ly/2YLOZIL 

👉🏻Procedure for filing form 15CA and 15CB
(Procedure for filing form 15CA and 15CB - Basic Provisions, Purpose, Procedural Aspects and Other Issues under Income Tax Act and Income Tax Rules)
👇🏻 👇🏻 👇🏻
https://bit.ly/3bgAKOA

👉🏻Latest GST Notifications and Clarifications from GST Circular
(Latest GST Notifications and Clarifications from GST circular 138/08/2020)
👇🏻 👇🏻 👇🏻
https://bit.ly/35H3RcS

.
===========>
.
CBDT issues circular excluding period of forced stay in India from 22nd March,2020 to 31st March,2020 while computing residential status in India in Financial Year 2019-20. We can expect similar circular for excluding forced stay in India later on for Financial Year 2020-21.

CBDT has deferred the implementation of new procedure for approval/registration/notification of certain entities u/s 10(23C),12AA, 35 & 80G of IT Act,1961 to 1st October,2020.

CBDT has also issued a press note whereby it has extended the period of the requirement of fresh registration imposed by the Finance Act,2020 on all existing Charitable and Religious Trust. As per the amendment made all existing trust are required to apply for fresh registration within a period of three months starting from 1st June,2020. By this press note this is being extended to 1st October,2020 to 31st December,2020. 

CBDT has modified the norms for Mutual Agreement Procedures (MAP) by prescribing two years as the average time-frame for resolving cases. What is MAP? MAP is aimed at bringing in certainty via an alternative dispute resolution mechanism.

Extension of due date for furnishing GSTR 9 & 9C for FY 2018-19 till 30-9-20. Notification 41/2020-CT of 5.5.20.
.
===========>
.
👉 The National Company Law Tribunal has approved a resolution plan for Uttam Galva Metallics Ltd. and Uttam Value Steels Ltd. that was submitted by a consortium led by New-York based CarVal Investors LLP.

The resolution plan involves a mix of an upfront settlement amount and deferred and contingent payments to financial creditors worth Rs 1,567 crore and Rs 1,078 crore, respectively. The committee of creditors for the two metal and manufacturing entities had approved the plan in April last year.

The principal bench, comprising acting president BSV Prakash Kumar, also dismissed the objections raised by unsuccessful resolution applicants who said NCLT’s decision was contrary to a circular that disallowedhearing of resolution plans during the lockdown.

A lenders consortium, led by State Bank of India, had initiated insolvency proceedings against the two entities in 2017 and 2018. Lenders to Uttam Metallics had submitted claims worth Rs 4,263 crore, of which Rs 4,176 crore was admitted by the resolution professional. A total claim of Rs 3,014 crore was admitted against Uttam Value Steels.

Separately, Deutsche Bank has initiated insolvency proceedings against Uttam Galva Steels Ltd.—the group’s flagship company—after it defaulted on certain payments under a credit facility agreement. The Mumbai bench of the NCLT is currently hearing the case.

👉 The National Company Law Tribunal (NCLT) has cancelled the scheduled summer vacation for all its benches across the country this year.

In a notification, issued by the registrar on May 5, NCLT said it has cancelled summer vacation for this year and all benches of NCLT will function during the said period.

The Delhi-based principal bench was scheduled to go on summer vacation in the month of June.

"President, National Company Law Tribunal is pleased to order that summer vacations falling in the months of May/June/July 2020 as shown in the calendar of the respective NCLT benches stand cancelled and all benches of NCLT shall function during the said period," it said.

Several judicial bodies and quasi-judicial bodies have also cancelled their summer vacations as they were closed during the lockdown and were disposing only urgent matters through video conferencing.

Recently, NCLT had transferred its eight members to different benches spread across India with "immediate effect".

👉 Continuing efforts to ensure a more conducive regulatory framework for stakeholders, IBBI has sought comments from the public on existing regulations under the insolvency law. Insolvency and Bankruptcy Board of India (IBBI) is a key entity in implementing the Insolvency and Bankruptcy Code (IBC).

Noting that stakeholders could play a more active role in making regulations, IBBI said that they may contemplate, at leisure, the important issues in the extant regulatory framework that hinder transactions and offer alternate solutions to address them.

"This is akin to crowd sourcing of ideas. This would enable every idea to reach the regulator. Consequently, the universe of ideas available with the regulator would be much larger and the possibility of a more conducive regulatory framework much higher," IBBI said in a release.

According to the regulator, despite the best of efforts and intentions, a regulator may not always have the understanding of the ground realities, as much and as early as the stakeholders and the regulated may have, particularly in a dynamic environment.

Further, it noted that comments received between April 13 and December 31, 2020 would be processed together and following the due process, regulations would be modified to the extent considered necessary.

"It will be the endeavour of the IBBI to notify modified regulations by March 31, 2021 and bring them into force on April 1, 2021," the release issued on Monday said.

👉 Since February 6, 2020, the stock of Ruchi Soya Industries, one of the largest manufacturers of edible oil in India, has rallied 1,723 percent.

Despite the widespread carnage seen in the broader markets since the end of February, the stock was locked in the upper circuit for the 66th day in a row on May 6.

The company currently has a market capitalisation of Rs 14,046.53 crore and ranks at 141st position in the overall m-cap ranking of BSE listed companies.

The sharp run-up in the scrip comes less than three years after the company was dragged to the National Company Law Tribunal (NCLT) by financial creditors Standard Chartered Bank and DBS Bank under the Insolvency and Bankruptcy Code.

Ruchi Soya Industries owed around Rs 9,345 crore to its creditors.

In July 2019, the NCLT accepted Patanjali Ayurved's Rs 4,350-crore bid to acquire Ruchi Soya. Under the resolution plan, the Baba Ramdev-led company transferred the amount to a special purpose vehicle 'Patanjali Consortium Adhigrahan Private Limited', which amalgamated with Ruchi Soya.


.
===========>
.

📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝

https://carohitjaiswal.blogspot.com/p/update-android-app.html?m=0

Thanks for reading

Thursday, 7 May 2020

7 May 2020 News and Updates

Corporate Snippets on May 7
 
Ø GSK selling $3.45 bln stake in Hindustan Unilever

Ø Maruti to resume production in Manesar from May 12

Ø India saves Rs 89.12k cr in 2018-19 by energy efficiency

Ø EU forecasts 'recession of historic proportions'

Ø Govt. bans exports of alcohol-based hand sanitizers

Ø Virus upends Anil Agarwal's $1 bn oil deal

Ø WHO warns of new lockdowns if transition not managed carefully
 
Ø 93% India Inc. workers stressed about returning to office: FYI Survey

Ø Petrol, diesel excise hike can add Rs 1.4 trn to Govt's coffers: Barclays

Ø Large stimulus may attract sovereign rating downgrade, say experts

Ø China's exports, imports set to post double-digit declines in April: Report

Ø Birlas infuse Rs 1,100 cr in Essel Mining to pare debt of group firm IGH
 
Ø India’s edible oil imports dropped 34% in April

Ø Global cotton consumption likely to fall 11.8%

Ø Energy efficiency schemes led to savings of around ₹90,000 crore: PWC report

Ø Jet lenders to make another attempt to find a buyer

Ø Dr Reddy’s gets USFDA’s nod for new migraine drug

Ø BSNL plans to extend validity of contentious 4G tender to May 25

Ø PNB seeks extension of loan moratorium for MSMEs from RBI

Ø Aditya Birla family to move SC against Harsh Lodha in MP Birla tussle

Ø Rating announcements on Edelweiss, Shriram firms to add pressure on debt MFs

Ø SBI to extend moratorium to NBFCs and microlenders

Ø Royal Enfield, TVS Motor resume operations
 
Ø Service activities shrink to all-time low; PMI hits near zero

Ø Indian Overseas Bank, Bank of Maharashtra cut lending rates

Ø CIL’s supply to power sector falls in March amid slump in coal demand

Ø Google Meet video calling now integrated inside Gmail to take on Zoom

Ø Oil marketing companies shares drop 13%, after hike in excise duty on petrol, diesel

Ø Coronavirus lockdown causes historic spike in layoffs in India

Ø Oil prices slide as US-China tensions offset virus hope
.
°°°°°°°°°°°°°°°°°>
.
👉 The Mumbai bench of the National Company Law Tribunal (NCLT) has approved the sale of Uttam Value Steel Ltd and Uttam Galva Metallics to a joint consortium of CarVal Investors and Nithia Capital Resources Advisors for ₹2,300 crore, said a person aware of the development.

“This is among the first resolutions where the corporate insolvency resolution process (CIRP) of two companies worked in tandem. The two companies are interlinked in terms of production and therefore getting two different resolution plans for them made no sense," said the person quoted above. He added that Uttam Galva Metallics was filed in NCLT Chandigarh, the petition against the other company was filed in Mumbai.

these connected companies, the case was transferred from Chandigarh to Mumbai," the person said.

The resolution plan would allow lenders to get close to 40% of their claims for both the companies. While the resolution professional (RP) admitted ₹3,634 crore of financial creditor claims in Uttam Galva Metallics, it was at₹2,479 crore for Uttam Value Steel, as on 9 April. Union Bank of India has the highest exposure in Uttam Galva Metallics at ₹921 crore, followed by Bank of Baroda at ₹680 crore and Punjab National Bank at ₹571 crore, among others.

Union Bank of India also has the highest exposure in Uttam Value Steel, at ₹589 crore. The other lenders are Punjab National Bank at₹466 crore, State Bank of India at ₹416 crore and Bank of Baroda at ₹277 crore, among others.

While the joint resolution plan was approved by the committee of creditors (CoC) in April last year, SSG Capital, the other bidder for these assets contested the decision. The case to decide on SSG’s claims was then heard by a two-judge bench in Mumbai NCLT, where both judges took opposing views. The matter was then heard by the principal bench of the NCLT in New Delhi which dismissed SSG’s plea.


👉 The National Company Law Tribunal (NCLT) has approved the resolution plan submitted by a consortium of CarVal Investors and UK-based Nithia Capital Resources Advisors to acquire debt-laden Uttam Value Steels Ltd under insolvency proceedings.

The NCLT’s Mumbai bench, in its order on April 30, said the resolution plan submitted by a consortium of CarVal Investors LLP (Carval Funds) and Nithia Capital Resources Advisors LLP stands approved, Uttam Value Steels informed the stock exchanges.

In June 2018,  the Mumbai-based iron and steel manufacturer, along with another associate firm Uttam Galva Metallics Ltd, was admitted for resolution under the Insolvency and Bankruptcy Code (IBC).

While the corporate insolvency resolution process (CIRP) of Uttam Galva Steels was withdrawn by petitioner State Bank of India (SBI) on November 1, 2018, Uttam Value Steels continued to be under the IBC process.

Engaged in the manufacturing of steel and capital equipment products, Uttam Value Steels’ admitted claims as on August-end 2019, stood at Rs 196 crore.

In April 2019, lenders-led by SBI had approved the resolution plan of a consortium of Arcil and CarVal Investors, an arm of US-based food and agriculture group Cargill Inc., which had offered the sum for two stressed units of Uttam Galva – Uttam Value Steels and Uttam Galva Metallics.


.
==========>
.


👉🏻Govt plans pre-packaged IBC deals to ease caseload
(The plan to bring pre-packaged IBC has been in the works for some time and experts said the current crisis may be a good time to implement it)
👇🏻 👇🏻 👇🏻
https://bit.ly/2WyUeZx

👉🏻Govt appoints Tarun Bajaj as Director on RBI Central Board
(Govt  has appointed Economic Affairs Secretary Tarun Bajaj as a director on the central board of Reserve Bank of India)
👇🏻 👇🏻 👇🏻
https://bit.ly/2WwffUE

👉🏻Unique Document Identification Number for Bank Audit
(Mandatory requirement of Generation of UDIN at the time of Bank Audit with reference to FAQs of ICAI)
👇🏻 👇🏻 👇🏻
https://bit.ly/3doU79H

.
°°°°°°°°°°°°°°°°°>
.

👉 The National Company Law Tribunal has cancelled the summer vacation at all its Benches for the year 2020.

The President of the National Company Law Tribunal on Tuesday passed an order regarding this stating the Summer Vacations falling in the months of May, June and July 2020 as according to the calendar of the respective NCLT Bench stand cancelled. All Benches of NCLT will therefore remain functional during the said period.

The functioning of National Company Law Tribunal had previously been restricted along with suspension of all judicial work since the lockdown has been imposed in the Country due to outbreak of the COVID-19 pandemic.

In view of the lockdown announced by several State and Central Government in COVID-19 affected districts, all Benches of the National Company Law Tribunal had ordered its closure for judicial work. According to the Notice issued on, it was also notified that for unavoidable urgent matters, an application can be filed through email to the registry NCLT after service of notice to the other side.

In a more recent development the National Company Law Tribunal, also appealed to the stakeholders and litigants under Companies Act, 2013 and Insolvency and Bankruptcy Code, 2016 to file Joint Memo of Written Submissions, in order to expedite the virtual hearings.


👉 The dedicated bankruptcy court has approved the revival plan for Mumbai-based Trimax IT Infrastructure & Services from the local subsidiary of Nasdaq-listed Ebix Inc.

Ebix Software India (ESIPL) will pay upfront Rs 75 crore to acquire the company. The company owed over Rs 1,918 crore to its lenders, including about Rs 1,700 crore to financial creditors.

“It is made clear that the resolution applicant (Ebix Software) shall takeover the corporate debtor (Trimax IT) with all its assets and liabilities as per terms of the approved resolution plan,” said a Mumbai-bench of National Company Law Tribunal (NCLT) comprising BSV Prakash Kumar and V Nallasenapathy in its 16-page order.

On May 4, while approving the resolution plan, the tribunal also said, “we approve the resolution plan...which shall be binding on the corporate debtor and its employees, members, creditors, guarantors, resolution applicant and other stakeholders involved in the resolution plan.”

Last year in November, lenders approved the revival plan submitted by Ebix Software with 75.22% voting in favour of the company. Avil Menezes, the resolution professional (RP) was not immediately available to comment on the NCLT’s ruling.

The liquidation value of the company was about Rs 103 crore while the fair market value of the company was Rs 197 crore.

.
°°°°°°°°°°°°°°°°°>
.

GST: Validity of E-way generated till 24.03.2020 which expired from 20.03.2020 to 15.04.2020, extended till 31.5.20. Notification 40/2020-CT of 5.5.2020. 

GST: Notification No. 41/2020-Central Taxissued to extend the time limit for furnishing of Annual Return and Reconciliation Statement for the Financial Year 2018-19 till 30th September, 2020. 

Delhi High Court has allowed tax credits thru GST Trans-1 to all dealers upto the period of limitation of 3 years, writ petition no.WP(C) 9575/2017 pending before the Court( Being Regularly pursued)finds a categorical mention in para 15 on page 15 of this path breaking judgment. 

Insolvency regulator IBBI has come up with a novel initiative of seeking public and stakeholders comments on all the regulations framed by it so far since the enactment of the Insolvency and Bankruptcy Code in 2016. The idea is to enable the Insolvency and Bankruptcy Board of India (IBBI) get an universe of ideas based on which the extant regulatory framework could be fine-tuned.

RBI has cleared the fog on ‘special provisioning’ of loans which are under moratorium — a clarification that has come as a relief to many banks. In a recent conversation with bank CEOs, senior regulatory officials have spelt out that provisioning should be considered only for loans where principal or interest payments are overdue between 61 and 90 days as on March 1, 2020. Such loans are categorised as SMA2 — or, special mention accounts (SMA) -2.

ICAI: Advisory for Statutory Bank Branch Auditors w.r.t. Specific Considerations while conducting Distance Audit / Remote Audit / Online Audit of Bank Branch under current Covid-19 situation. https://resource.cdn.icai.org/59391aasb48345.pdf

ICAI invites applications from eligible members of the Institute having a flair for academic activities including evaluation of answer books and willing to undertake confidential assignments as a dedicated examiner, for empanelment as an examiner of the Chartered Accountants Examinations. http://examinerspanel.icaiexam.icai.org

Application for empanelment as Examiner can be submitted online at: http://examinerspanel.icaiexam.icai.org


.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝

https://carohitjaiswal.blogspot.com/p/update-android-app.html?m=0

Thanks for reading

Wednesday, 6 May 2020

06 May 2020 Updates

Tran-1

Hon’ble Delhi High Court has held that period of 90 days for claiming input tax credit in TRAN-1 is directory and therefore, period of limitation of 3 years under the Limitation Act would apply. The Court has directed the Department to allow all assessees to claim input tax credit in TRAN-1 by 30.6.2020. The direction would apply in rem to all those who could not file TRAN-1 and claim input tax credit*
The court has further directed that it should be advertised that all taxpayers who have not filed TRAN 1 can do so by 30.6.2020. The judgment has been made applicable to all irrespective of whether the taxpayer has approached the court or not.( Judgment yet to be uploaded on HC site)🙏
.
==========>
.
🌹 GST Update

1.) Annual Return and GST Audit
For the finacial year 2018-19: GSTR-9 & GSTR-9C due date extended to 30th September 2020.
Source: Notification No. 41/2020

2.) E-Way Bill
Validity of E-Way Bill issued on or before 24th Mar 20 expiring between 20th Mar 20 to 15th Apr 20, extended to 31st May 2020.
Source: Notification No. 40/2020

3.) GSTR-3B EVC
Companies can now file GSTR-3B (from 21st Apr 20 to 30th June 20) through EVC mode.
Source: Notification No. 38/2020

4.) Nil Return
GST Nil Return can be filed by a short SMS vide insertion of rule 67A
Source: Notification No. 38/2020

5.) RP/IRP Registration
IRP / RP, be treated as a distinct person of the corporate debtor, and shall be liable to take a new registration in each of the States or Union territories where the corporate debtor was registered earlier.
Source: Notification No. 39/2020

6.) Clarification on returns of J&K, Ladakh
GSTR-3B to be filed as per notification due dates.
Source: Notification No. 42/2020

Source: CG-DL-E-05052020-219298, The Gazzete of India
.
==========>
.
👉 Investors who have bid for assets under the Insolvency and Bankruptcy Code (IBC) are expected to reassess their offers as cash flow projections have gone awry amid the covid-19 pandemic and the ensuing nationwide lockdown, experts said.

The Insolvency and Bankruptcy Board of India (IBBI) has already said the period of lockdown imposed by the government will not be reckoned in the resolution timeline. The lockdown has been in force since 25 March and ends on 18 May, if not extended further.

Karan Mitroo, partner at law firm Luthra & Luthra said, the entire thought process of investors has changed due to covid-19 and investors are trying to assess its potential impact on businesses.

“There is a likelihood of resolution applicants, who have already submitted bids, negotiating the pricing again, since the financial assumptions on which they had bid may have changed on account of covid-19," said Mitroo, adding that bidders may also use clauses like Material Adverse Effect or similar clauses, if the same have been provided in the resolution plans for such negotiations.

Since its inception, the IBC process has been mired in last-minute litigations with promoters trying hard to retain control of their companies. Take for instance - the case of Essar Steel. While IBC prescribes any asset resolution within 330 days, Essar Steel’s resolution and sale to ArcelorMittal took 866 days.

👉 National Company Law Tribunal invites application for the post of Law Research Associates purely on contractual assignment.

Name of the Post: Law Research Associates

Essential Qualification and Experience

Law Graduates (fresh or experienced) who have passed final year L.L.B examination with a minimum aggregate of 50% marks from a recognized university.

The candidate must be enrolled with any Bar Council.

The age of the candidate shall not be above 30 years as on last date of receipt of applications.

The candidate must have knowledge of computer operation including retrieval of desired information from various search engines/ processors such as Manupatra, SCC Online, etc.

How to apply?

The interested candidates who are willing to serve in the NCLT may submit their applications on the enclosed format at the address along with self-attested copies of requisite certificates to The Assistant Registrar, National Company Law Tribunal, 6th Floor, Block No. 3, C.G.O. Complex, Lodhi Road, New Delhi - 110 003.

The last date to apply is 01.06.2020
.
==========>
.

Grant of Income Tax refund u/s 143(1):

Till AY 2016-17, if a scrutiny notice u/s 143(2) is issued, the return is not required to be processed u/s 143(1) for grant of refund to the assessee. From AY 2017-18 & onwards, a different regime is prescribed by Parliament. S. 241-A requires separate recording of satisfaction on part of the AO that having regard to the issue of notice u/s 143(2), the grant of refund is likely to adversely affect the revenue. The withholding of refund requires the previous approval of the PCIT with reasons to be recorded in writing. Vodafone Idea Ltd vs. ACIT (Supreme Court)

.
==========>
.
Validity of E-Way Bill issued on or before 24th Mar 20 expiring between 20th Mar 20 to 15th Apr 20, extended to 31st May 2020
Source: Notification No. 40/2020

NBFC and microfinance institutions (MFI) want the Reserve Bank of India (RBI) to extend the moratorium till at least June 30 — for both customers and para-banking institutions — and allow the restructuring of NBFC loans due to banks. 

MCA has constituted a seven-member committee to examine the comments received on the consultation paper floated by it for enhancing audit independence and accountability in the country. The committee will examine the comments and make recommendations requiring any amendments in law, rules and standards to achieve the objective of enhancement of audit independence and accountability.  The panel has been asked to submit its report by June 30. The committee members are: Amarjit Chopra, Past President of CA Institute; KVR Murty, Joint Secretary, MCA; PR Ramesh, former Deloitte India Chairman; Ajay Bahl, Co-Founder & Managing Partner, AZB Partners; Sridhar Pamarthi, Joint Director, MCA; NK Dua, Joint Director, MCA, and Atma Sah, Deputy Director, MCA.
.
==========>
.
GST TRAN 01 Update

HC held that period of 90 days for claiming input tax credit in TRAN-1 is directory and therefore, period of limitation of 3 years under the Limitation Act would apply. The Court has directed the Department to allow all assessees to claim input tax credit in TRAN-1 by 30.6.2020. The direction would apply in rem to all those who could not file TRAN-1 and claim input tax credit. The court has further directed that it should be advertised that all taxpayers who have not filed TRAN 1 can do so by 30.6.2020. The judgment has been made applicable to all irrespective of whether the taxpayer has approached the court or not.
.
==========>
.
FAQ ON UDIN FOR BANK AUDIT BY ICAI:

1. Whether UDIN is mandatory for Statutory Bank Audit?

For Statutory Bank Audit, UDIN is not mandatory. 

However, for all Certificates to be signed while conducting Bank Audit, generation of UDIN is mandatory as UDIN is already mandatory on all Certification w.e.f 1st, 2019.

2. While conducting Bank Audit, whether separate UDIN has to be taken for all Certificates as there are bulk of certificates to be signed?

UDIN has to be generated per Assignment per Signatory.

In Bank Branch Audit, One Branch is one assignment, hence, one UDIN for all certificates will suffice.

However, care should be taken that a list of all certificates bearing same UDIN should be compiled and handed over to management under a covering letter so that the UDIN generated cannot be misused by affixing on any other certificate which has not been signed by you.

3. In case if some Certificates are signed by one Partner while others are signed by another Partner, whether different UDIN is required for each such Partner?

UDIN has to be taken per Assignment per Signatory. 

Bank Branch Audit per Branch is one assignment and hence one UDIN for all certificates is enough.

However, if different partners are signing different certificates then separate UDIN has to be taken per signatory for the certificates signed by them.

4. Whether UDIN is mandatory for Tax Audit?

In the 2nd phase of UDIN applicability, ICAI Council has made generation of UDIN mandatory for all GST Audit and All Tax Audit from 1st April, 2019. 

Hence in Bank Branch Audit, separate UDIN has to be taken for Tax Audit.

5. Whether same UDIN which was generated for Certificates in Bank Branch Audit can be used for Tax Audit of the same Bank Branch?

Tax Audit is the separate assignment. 

Hence separate UDINs have to be taken while conducting Bank Branch Audit for each Branch.

Therefore, 2 separate UDINs are to be generated – one for Certificates and other for Tax Audit Report.

However, if certificates are signed by more than one partner then more UDINs on certificates have to be generated.

6. Whether UDIN is applicable to both Statutory Central Auditors (SCAs) and Statutory Branch Auditors (SBAs)?

Yes, UDIN is applicable to both SCAs and SBAs for Certificates and Tax Audit Reports while conducting Bank Audit.

7. Whether UDIN is to be generated for LFAR and / or other Bank Audit Reports?

As per UDIN applicability in 2nd Phase, UDIN is not required to be generated for LFAR and other Bank Audit Reports now.

8. What is the process to generate UDIN for certificates under Bank Audits?

For generating UDIN, the “Document type” is to be selected as “Certificates”. 

Thereafter, date of signing of the document is to be mentioned. Under “Type of Certificate” select “Certificate issued by Statutory Auditors of Banks”.

There are 3 mandatory fields for entering the financial figures / values from the document and the description of the figure/ value so entered.

The names of the Certificates are to be mentioned under the Caption “Document Description”.

9. How to generate one UDIN for more than one Certificate when there are 3 mandatory filled to be given from the Certificates?

While generating one UDIN for all the Certificates, some common figures /parameters should be given in 3ZS mandatory fields and if no common figure is there then name of the Bank and Branch, Advances, Deposits etc must be the one common field which can be correlated with all the certificates.

10. Whether UDIN is mandatory for Tax Audit Reports that are filed online using Digital Signature?

UDIN will be applicable both for manually as well as digitally signed Reports / uploaded online. 

In case of digitally signed / online reports, UDIN has to be generated and retained for providing the same on being asked by any third party/ authority.

ICAI FAQ
.
==========>
.
👉 The Mumbai bench of the National Company Law Tribunal (NCLT) has approved the sale of Uttam Value Steel Ltd and Uttam Galva Metallics to a joint consortium of CarVal Investors and Nithia Capital Resources Advisors for ₹2,300 crore, said a person aware of the development.

“This is among the first resolutions where the corporate insolvency resolution process (CIRP) of two companies worked in tandem. The two companies are interlinked in terms of production and therefore getting two different resolution plans for them made no sense," said the person quoted above. He added that Uttam Galva Metallics was filed in NCLT Chandigarh, the petition against the other company was filed in Mumbai.

these connected companies, the case was transferred from Chandigarh to Mumbai," the person said.

The resolution plan would allow lenders to get close to 40% of their claims for both the companies. While the resolution professional (RP) admitted ₹3,634 crore of financial creditor claims in Uttam Galva Metallics, it was at₹2,479 crore for Uttam Value Steel, as on 9 April. Union Bank of India has the highest exposure in Uttam Galva Metallics at ₹921 crore, followed by Bank of Baroda at ₹680 crore and Punjab National Bank at ₹571 crore, among others.

Union Bank of India also has the highest exposure in Uttam Value Steel, at ₹589 crore. The other lenders are Punjab National Bank at₹466 crore, State Bank of India at ₹416 crore and Bank of Baroda at ₹277 crore, among others.

While the joint resolution plan was approved by the committee of creditors (CoC) in April last year, SSG Capital, the other bidder for these assets contested the decision. The case to decide on SSG’s claims was then heard by a two-judge bench in Mumbai NCLT, where both judges took opposing views. The matter was then heard by the principal bench of the NCLT in New Delhi which dismissed SSG’s plea.


👉 The National Company Law Tribunal (NCLT) has approved the resolution plan submitted by a consortium of CarVal Investors and UK-based Nithia Capital Resources Advisors to acquire debt-laden Uttam Value Steels Ltd under insolvency proceedings.

The NCLT’s Mumbai bench, in its order on April 30, said the resolution plan submitted by a consortium of CarVal Investors LLP (Carval Funds) and Nithia Capital Resources Advisors LLP stands approved, Uttam Value Steels informed the stock exchanges.

In June 2018,  the Mumbai-based iron and steel manufacturer, along with another associate firm Uttam Galva Metallics Ltd, was admitted for resolution under the Insolvency and Bankruptcy Code (IBC).

While the corporate insolvency resolution process (CIRP) of Uttam Galva Steels was withdrawn by petitioner State Bank of India (SBI) on November 1, 2018, Uttam Value Steels continued to be under the IBC process.

Engaged in the manufacturing of steel and capital equipment products, Uttam Value Steels’ admitted claims as on August-end 2019, stood at Rs 196 crore.

In April 2019, lenders-led by SBI had approved the resolution plan of a consortium of Arcil and CarVal Investors, an arm of US-based food and agriculture group Cargill Inc., which had offered the sum for two stressed units of Uttam Galva – Uttam Value Steels and Uttam Galva Metallics.


.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝

https://carohitjaiswal.blogspot.com/p/update-android-app.html?m=0

Thanks for reading

Tuesday, 5 May 2020

05 May 2020 News and Updates

5th May 2K20

Economic Times
 
Ø  Coronavirus may push 1.3 bn Indians into the dark, quite literally
Ø  Donald Trump pushes for reopening of economy
Ø  RBI may extend moratorium on loans by 3 months
Ø  India fills 32 million tonnes of commercial storage
Ø  Icra expects GDP to contract by 20% in June quarter
Ø  India’s budget gap for FY 19-20 breaches estimate
Ø  US warns China of consequences for not honouring deal

Business Standard
 
Ø  US-based Silver Lake buys 1.15% stake in Jio Platforms for Rs 5,656 cr
Ø  Covid-19 smashes Asia's factories; activity hits historic lows all over
Ø  Solar, gas power generation shoots up even as electricity consumption falls
Ø  Vijay Mallya files appeal against extradition to India in loan fraud case
Ø  BHEL invites global firms to partner for setting up manufacturing bases

Business Line

Ø  Enhancing audit independence: Ministry sets up 7-member panel
Ø  Abbott to roll out antibody test in India
Ø  Manufacturing PMI slips to unprecedented 27.4 in April
Ø  GJEPC to resume operations in export zones
Ø  Our demand for one crude, one price continues: IOC Chairman
Ø  Cement companies restart output amid demand concern
 
Mint

Ø  Marico Q4 net profit down 50.6% to Rs 199 cr on Covid-19 disruptions
Ø  Rupee weakens 62 paise to close at 75.72 against US dollar
Ø  Amid lockdown, fitness startup cure.fit downsizes business in India and UAE
Ø  India's fuel demand shows signs of recovery, improves in April H2
Ø  India stores cheap oil at sea as onshore tanks are now 100% full

Financial Express
 
Ø  Covid crisis: RBI Governor Shaktikanta Das meets NBFCs and MFs sector; reviews liquidity situation
Ø  Record sales of fertilisers in lockdown period; govt ensures full availability before kharif sowing
Ø  Centre working on Agro MSME policy: Nitin Gadkari
Ø  JSW Steel reports 60 per cent fall in output at 5.63 LT in April
 
Deccan Chronicle

Ø  Hero MotoCorp resumes operations at three plants as lockdown restrictions ease
Ø  Petrol sales down 61%, diesel at 56.5% in April; demand expected to pick up in May
Ø  Indian bank bad debt could double in coronavirus crisis
Ø  Bajaj Auto announces zero sales in April
.
============>
.
GST Update on whether Rajasthan AAR competent to decide on registration requirement in another State? #028/2020-21

The present update intends to discuss the Advance Ruling given in the case of M/s T & D Electricals. The question placed before the Advance Ruling was the requirement of separate registration for executing works contract in another State and leviability of tax-whether CGST/SGST or IGST if separate registration is not taken in Karnataka and goods are purchased from dealer in Rajasthan for delivery at Karnataka along with admissibility of input tax credit on such goods. The Authority for Advance Ruling denied to given any decision on the questions raised before it by merely stating that the question involves GST registration in Karnataka which is beyond the purview of this authority. In this respect, the issue that needs to be examined is whether Rajasthan AAR cannot decide on liability to get registration under GST in another State? It is common that an assessee registered under Rajasthan would approach AAR of Rajasthan for any clarification or decision on any issue. We hereby make an attempt to discuss this issue with respect to provisions contained in CGST Act, 2017.

According to the provision contained in section 97 (2) of the CGST Act, 2017, the question on which the advance ruling is sought under this Act, shall be in respect of specified issues as detailed below-

(a) classification of any goods or services or both;

(b) applicability of a notification issued under the provisions of this Act;

(c) determination of time and value of supply of goods or services or both;

(d) admissibility of input tax credit of tax paid or deemed to have been paid;

(e) determination of the liability to pay tax on any goods or services or both;

(f) whether applicant is required to be registered;

(g) whether any particular thing done by the applicant with respect to any goods

or services or both amounts to or results in a supply of goods or services or both,

within the meaning of that term.

As can be observed, the clause (f) of section 97(2) of the CGST Act, 2017, applicant can file application before the AAR to determine whether there is requirement to get registered or not. Now, the question arises is whether the application is to be necessarily filed before the AAR of the State in which registration is to be taken? Normally, it is presumed that CGST Act, 2017 is Central Tax which is applicable throughout India but practically it is not so. Although CGST Act is a Central Tax but since the State Tax varies with the State, CGST Act is also State specific and this is the reason why cross utilisation of CGST credit is not permissible. However, if an assessee is registered in Rajasthan then the Advance Ruling set up in that State will have jurisdiction to decide cases with respect to liability to get registration which is a broad question and is irrespective of the fact that decision pertains to liability to get registration in other State. Therefore, in our opinion, the decision of the above advance ruling requires reconsideration.

In support of our contention, we wish to discuss the other issues covered by the section 97(2) which are of wide amplitude such as determination of liability to pay tax on any goods or services. For example, if assessee registered in Rajasthan is providing inter state supply of goods/services and wants to determine its tax liability, which is infact covered by IGST Act, 2017, then in that case, whether Rajasthan AAR can refuse to take decision and say that they are liable to determine tax liability of only intra state transactions? Such a view appears to be faulty and not at all logical.

In this context, reference may also be made to decision given by the Maharashtra AAR in the case of GANDHAR OIL REFINERY (INDIA) LTD. [2019 (26) G.S.T.L.531 (A.A.R.-GST)] wherein it was held that importer registered in Mumbai is not required to take separate registrations in various ports located in different States and can supply imported goods directly from port to the receiver of goods. The above decision is clearly supporting our view and is clearly contradicting the view of Rajasthan AAR.

Before parting, it is pertinent to mention that recently Hon’ble Kerala High Court in the case of SUTERHLAND MORTGAGE SERVICES INC. VERSUS THE PRINCIPAL COMMISSIONER wherein it was held that the act of AAR denying to comment on whether transaction is export of service on the grounds that AAR is not empowered to comment on place of supply provisions is wrong because the transaction would be covered under broader clause (e) of section 97(2) of CGST Act, 2017 pertaining to determination of tax liability. Similarly, it submitted that the Hon’ble Rajasthan AAR should have pronounced the ruling on merits irrespective of the fact that the liability to registration pertained to another State, being Karnataka.


.
============>
.
Today (5.5.2020) is last date to file GSTR-3B for March for those with turnover more than Rs. 5cr in previous FY without interest. Interest @ 9% pa shall be applicable from 6.5.2020.

Direct tax collection surged 36.5 per cent to Rs 34,784 crore in the first month of fiscal year 2020-21, despite a nationwide lockdown, thanks to a 63 per cent year-on-year (YoY) fall in tax refunds in April. Without accounting for refunds, the collection contracted 5.4 per cent, indicating muted economic activity as the Covid-19 pandemic and subsequent curbs paralysed most sectors. 

High Court of Allahabad gave an important judgment that Penalty is imposed on owner of vehicle, irrespective of ownership of goods  regarding detention and seizure of goods and vehicle in case of Ashwini jain v. State of U.P. [2020] 114 taxmann.com 34 (Allahabad)

GST Network Helpdesk on Sunday said it has handled over 56,000 taxpayer issues in one month since the nationwide lockdown was imposed on March 25. According to data from GSTN, over 19,552 tickets raised by taxpayers were resolved between March 25 and April 24.

Investors who have bid for assets under the Insolvency and Bankruptcy Code (IBC) are expected to reassess their offers as cash flow projections have gone awry amid the covid-19 pandemic and the ensuing nationwide lockdown, experts said.  

RBI sold a net $500 million in the overseas currency-derivatives market in March, the biggest such intervention in at least a year, to ensure that the rupee remained stable amid a coordinated capital flight to safe havens from the emerging markets.
.
============>
.

Delay of 586 Days in filing Appeal shows Negligence of Income Tax Department: Calcutta HC [Read Order]

Read more at: https://www.taxscan.in/delay-of-586-days-in-filing-appeal-shows-negligence-of-income-tax-department-calcutta-hc/56780/
.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝

https://carohitjaiswal.blogspot.com/p/update-android-app.html?m=0

Thanks for reading

Monday, 4 May 2020

04 May 2020 News and Updates

4th May 2K20

Economic Times
 
Ø  Peak power demand still down one-fourth at 134.7 GW
Ø  BoB extends Rs 2,300 cr to MSMEs as emergency credit
Ø  Net redemptions under credit risk funds down by 81.5%
Ø  Tata Motors, Ashok Leyland pitch for scrappage policy
Ø  Need immediate assistance from govt: Hotel industry
Ø  IT dept cautions people against phishing e-mails promising refund
Ø  RCEP nations offer India package to return to negotiating table

Business Standard
 
Ø  Covid-19 impact: FinMin internally projects FY21 GDP growth at 2-3%
Ø  Biz activities significantly hit; recovery may take over a year: CII survey
Ø  99% depositors of CKP Co-operative Bank to get back money, says RBI
Ø  $5.7 bn Jio-FB deal to become test case for regulatory, security concerns
Ø  Reliance to produce new gas from D6 by June end; to cost $2.2 per unit
Ø  Both debtors & creditors will be wary of using IBC in short term: M S Sahoo

Business Line

Ø  CII for greater industrial activities in districts with high economic performance
Ø  Centre’s net direct tax collection up 36% in April
Ø  Coal India shifts focus to preparing mines for production when demand picks up
Ø  NLC India begins coal production for the first time
Ø  Timeline extended for responses on safeguard duties on solar cells
 
Mint

Ø  'Only small section of online sellers may start selling non-essentials'
Ø  Trump says US to have coronavirus vaccine by end of year
Ø  Forty days that prompted Indian companies to write-off a quarter
Ø  Remittances from West Asia may skid on falling oil prices
Ø  Auto industry may cut R&D spending, exit unprofitable segments due to covid-19

Financial Express

Ø  GST audit guidelines need to be reviewed to include video conferencing: Experts
Ø  IT hardware company expect to resume partial production this week, 100% next month
Ø  Ficci seeks infrastructure status for lockdown-hit steel sector
 
Deccan Chronicle

Ø  The new norm will be different post lockdown: Niti Aayog
Ø  India assures world of partnership on medicine
Ø  RBI reviews measures to ease financial stress
.
============>
.

👉 The Indian government has recently decided to temporarily suspend filing of fresh insolvency proceedings under the Insolvency and Bankruptcy Code. This policy change comes at a time when the IMF has warned that Covid-19 epidemic would push emerging markets like India into challenging external funding conditions, rising rollover risks, and increased debt restructuring.

Debt restructuring would be particularly necessary in the aftermath of Covid-19 crisis. During the pandemic, going concern sales may not be possible or desirable. Buyers may not be available in the market. Or, there could be an oversupply of similar assets in the market due to industry-wide factors, pushing down the price for such assets. Therefore, instead of a going concern sale to a new buyer, claimants of an insolvent business may be better off “selling” the business to some or all of the existing claimants themselves. Such a “hypothetical sale” is commonly referred to as debt restructuring.

Indian law presently provides three routes to debt restructuring. First, the RBI’s June 7 Circular, which provides an out-of-court restructuring option. Second, the IBC, that could be used for restructuring under the aegis of the National Company Law Tribunal. Third, a scheme of arrangement under the Companies Act, 2013, could also be used for debt restructuring through the NCLT. The third route is sparingly used in practice. And now with the IBC due to be suspended, the only option practically left is the RBI Circular.

Restructuring isn’t particularly easy under this option. The Circular applies only to RBI-regulated lenders and requires them to enter into an inter-creditor agreement (ICA). Non-RBI regulated entities (such as mutual funds) are not bound to sign the ICA and may not co-operate. Such lenders may therefore hold up the entire restructuring process.


👉 Does entry in balance sheet of a company amount to acknowledgement for the purposes of Section 18 of Limitation Act, 1963 (“Limitation Act”)? The answer to the question, which seems so apparent in view of a catena of cases, both domestic and foreign, seems to have been turned on its head by a decision of National Company Law Appellate Tribunal (“NCLAT”) in its recent decision rendered in the case of V. Padmakumar v. Stressed Assets Stabilisation Fund (SASF) (“Padmakumar Decision”).[1]

The majority decision, which was rendered by a 4:1 majority of an unprecedented five-member bench of NCLAT, ruled that entry in balance sheet/ annual return, which is required to be prepared to comply with statutory requirements, cannot be treated to be an acknowledgement under Section 18 of the Limitation Act. Notably, the majority decision had reiterated the decision of the two-member bench of NCLAT in the earlier case of Sh. G Eswara Rao v. Stressed Assets Stabilisation Fund,[2] incidentally also written by Justice S J Mukhopadhaya, who had penned the majority judgment in the Padmakumar decision.

The purpose of this article is to examine whether an entry in balance sheet, which otherwise could qualify as acknowledgement for the purpose of the Limitation Act, could be disregarded as the same was done under statutory compulsion.

REVIEW OF JUDICIAL POSITION - INDIA

Our research suggests that, whilst there is a catena of cases[3],starting from the Rajah of Vizianagaram v. Official Liquidator, Vizianagaram Mining Company Limited,[4] which support the treatment of entry in balance sheet as an acknowledgement, there are certain decisions which question the approach.

For instance, in one of the earliest cases, Kashinath Shankarappa v. The New Akot Cotton Ginning and Pressing Co. Ltd.,[5] which even predated Rajah of Vizianagaram (supra), the Nagpur High Court had observed as follows:

“18. …. The mere signing of a balance sheet by a director does not operate to save limitation because the director in drawing up a balance sheet does not do so with the intention of acknowledging liability but under a duty where he is bound to set out, among other things, the claims made on the company...”

(emphasis supplied)

Interestingly, there is no decision of the Supreme Court of India which has conclusively settled the issue. For instance, whilst the Supreme Court had the opportunity to decide the issue in the case of Kashinath Shankarappa v. The New Akot Cotton Ginning and Pressing Co. Ltd.,[6] the Court refused to pass any such observation noting that the balance sheet in question was not duly passed. The closest that the Supreme Court had come in acknowledging that balance sheet entry may qualify as acknowledgement was in the case of Mahabir Cold Storage v. CIT, Patna[7], where, without any analysis of any sort, the Court noted that entries in the books of accounts of the appellant would amount to an acknowledgement of the liability for the purpose of Section 18. Also notable is decision in A V Murthy v. B S Nagabasavanna.[8], where Court noted that, without expressing any final opinion on the aspect, balance sheet may amount to acknowledgement.

.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝

https://carohitjaiswal.blogspot.com/p/update-android-app.html?m=0

Thanks for reading

04 May 2020 Updates

👉🏻Govt defers release of April GST collection data
(Govt deferred the release of April GST revenue collection data due to the on going lockdown) 
👇🏻 👇🏻 👇🏻
https://bit.ly/2KSkB7f

👉🏻Govt may raise up to Rs 10,000 Cr via tax-free bonds
(Govt is seeking to raise up to Rs 10,000 crore in its maiden tax-free bond issue to help bridge the fiscal gap) 
👇🏻 👇🏻 👇🏻
https://bit.ly/3aUVPOo

.
==============>
.

👉 The National Company Law Tribunal has notified the transfer of 8 members with immediate effect.

They are 

1. BP Mohan, Member (Judicial) - NCLT Mumbai to NCLT Amravati

2. Mohammed Ajmal, Member (Judicial) - NCLT Amravati to NCLT Mumbai

3. Sucharita R, Member (Judicial) - NCLT Cuttack to NCLT Chennai

4. Narender Kumar Bhola, Member (Technical)- NCLT Hyderabad to NCLT New Delhi

5. Veera Brahma Rao Arekapudi, Member (Technical) - NCLT Kochi to NCLT Hyderabad

6. Virendra Kumar Gupta, Member (Technical) - NCLT Kolkata to NCLT Ahmedabad

7. Prasanta Kumar Mohnaty, Member (Technical) - NCLT Ahmedabad to NCLT Guwahati

8. Venkata Subha Rao Hari, Member (Judicial) - NCLT Guwahati to NCLT Mumbai.

The notification states that members should move to their new stations of posting after the lockdown is lifted by the Central Government and the respective State Governments.

👉 New Delhi, April 30 (IANS) The blockbuster deal involving the world''s largest oil producer Aramco picking up a minority stake in refinery business of the country''s largest corporate house Reliance Industries Ltd (RIL) is on track with the Saudi entity continuing with its due diligence for the planned multi-billion investment.

The deal that has been in works for some time and doubts were raised on its early completion due to Covid-19 outbreak and lockdown.

"In spite of Covid-19 crisis and the lockdowns, the due diligence by Saudi Aramco for the planned investment in O2C (oil-to-chemical) business is on track as both the parties are committed and actively engaged," RIL said in a statement given as part of its fourth quarter earnings report on Thursday.

The deal between Reliance and Aramco involves the Indian entity offering at least 20 per cent stake in a special purpose vehicle covering refining, petrochemicals and marketing.

The RIL board on Thursday also approved hiving-off its $75 billion O2C business into a separate entity. This is subject to approval of the National Company Law Tribunal (NCLT).

.
==============>
.
One more bank died!

This time it's CKP Cooperative Bank!!

RBI cancelled it's banking license today.

🚨 The head office is in Dadar and have 8 branches in Mumbai & Thane

🚨 485 cr of FDs is in risk

🚨 125k account holders will face hardships

🚨 There is operational profit yet they are in heavy loss resulted into big erosion in Net worth. Networth is (-)239 cr as on Nov'19

🚨 Loan outstanding as on Nov'19 is 161.17 cr

Given the financials, getting back the funds to deposit holders would be next to impossible.
.
==============>
.
👉🏻ICAI allowed communication with the Retiring Auditor through E-mail
(ICAI decided that the members may communicate with the Retiring Auditor vide E-mail) 
👇🏻 👇🏻 👇🏻
https://bit.ly/35s6yyY

👉🏻Residential Status | Amendments under section 6 of Income Tax Act
(Individual Residential Status Amended by Finance Act 2020 - Amendments under section 6 of Income Tax Act )
👇🏻 👇🏻 👇🏻
https://bit.ly/2VX6BPV

.
==============>
.
39th GST Council Meeting Highlights

🌴Infosys Nilekani gave GST Network presentation to Council.
🌴Council ask Infosys to improve GST Network by July
🌴Decides to extend deadline for filing of GSTR9 & GSTR9C for FY18-19 till June 30, 2020,
🌴Filing to be mandatory for taxpayers over Rs 5cr of annual turnover
🌴GST Council to continue with 3B till September & defer the new return system.
🌴Council defers the proposal on taxability of economic surplus of brand owners of alcohol for human consumption,
🌴Reassures states towards payment of compensation dues, 
🌴Where Cancellation have been cancelled till March 14, application for cancellation of revocation can be filed till March 31, 2020.
🌴GSTR-1 to be made compulsory only for making B2B supplies, exports & amendments
B2C & non-filers of GSTR-3B to be exempted from filing GSTR-1
Before 10th for turnover greater than Rs 1.5 cr
Before 13th for turnover lesser than Rs 1.5 cr
GSTR-2A to be generated on 14th of every month
🌴Council approves “Know your Supplier” Scheme
🌴Major Relief: Interest for delay in #GST payment will now be charged on net cash liability under Section 50, to be applicable from July 2017
🌴Council Cuts Aircraft MRO Tax to 5% from 18%.
🌴Rates for all types of match sticks which are machine and handmade have been rationalised for 12% now
🌴Mobile phones to be taxed at 18 percent (current rate 12 percent)
.
==============>
.
📲 Download my official Android app "Updates by CARJ" 📚 to stay connected with latest news and updates 📝

https://carohitjaiswal.blogspot.com/p/update-android-app.html?m=0

Thanks for reading

Friday, 1 May 2020

1 May 2020 News and Updates

Corporate Snippets on May 1,  2020

Ø Moody's slashes India growth forecast to 0.2%t for 2020

Ø US supports firms weighing India as alternative to China

Ø Unemployment rate improves to 21.1% from last week

Ø MFIs turn vulnerable to default, seek relief package

Ø Govt. extends deadline to bid for AI till June 30

Ø Blockchain can tackle supply chain failures: WEF

Ø SEBI initiates measures to study market issues

Ø Hong Kong may come under new FDI rules; custodians to seek clarity

Ø Diamantaires stare at decade-low revenue as Covid epicentre shifts to US

Ø ADB approves $1.5 billion loan for India to fight coronavirus pandemic

Ø BSE enables negative price trading in crude oil, testing on Monday

Ø Nokia, Airtel sign deal worth Rs 7,500 cr for 4G network enhancement

Ø RIL doubles down on its debt reduction plan with proposed rights issue

Ø Domestic leather sector flattened as $1-b export orders stand cancelled

Ø TRAI recommends overhaul in governance structure of BARC India

Ø Centre mulls extending interest subsidy scheme for exporters

Ø Covid-19 trains global focus on ‘force majeure’ clause

Ø Axis Bank reports loss of ₹1,388 crore in Q4 due to higher provisions

Ø Grandfathering of existing unlisted NCDs applicable across MF industry: SEBI

Ø Mumbai court rejects interim bail plea of DHFL promoters

Ø Axis Bank to raise its stake in Max Life Insurance to 30%

Ø IDFC First Bank plans to raise up to ₹2,000 crore

Ø Biocon, Mylan launch biosimilar Fulphila in Canada

Ø Singapore to enter into recession this year due to coronavirus pandemic

Ø Big manufacturing opportunity for India in electronics, if states move swiftly

Ø Investors pull out Rs 5,000 crore from credit risk funds after Templeton move

Ø India ties up with BRICS partners to protect MSMEs

Ø US proposes new restrictions on exports to China

Ø Reliance Industries to consider first rights issue in three decades

Ø HSBC’s pre-tax profit falls 48% amid coronavirus

Ø US auto factories likely to remain closed for another two weeks

Ø  US economy shrank at 4.8% rate last quarter
Ø  IT firms TCS, Infosys, Wipro to reduce subcontractors
Ø  Rs 111 L-cr required as infra funding during 2020-25
Ø  Farming sector will not be impacted by Covid-19: Govt
Ø  Sell unsold units at 'no-profit-no-loss' to save interest, boost liquidity: Gadkari to realty cos
Ø  Manulife picks 49% stake in Mahindra AMC

Ø  Nearly half of world's workforce risks losing livelihoods in pandemic: ILO
Ø  MF redemptions in dent segment continue despite RBI's liquidity window
Ø  Strides Pharma begins export of antiviral drug to treat Covid-19
Ø  Top court orders Income Tax refund of Rs 733 crore to Vodafone Idea
Ø  Reliance increases stake in US-based tech company SkyTran to 26.3%

Ø  Hospitality sector stares at $6-14-b losses in FY21
Ø  Jet Airways’ RP asks SpiceJet to pay up for leased engines
Ø  Shapoorji Pallonji to sell infra assets to reduce debt
Ø  Glaxo plans sale of $3.7 billion stake in Hindustan Unilever
Ø  Lupin gets USFDA nod for generic inhalation solution
Ø  MCX to levy 100% margin on crude oil

Ø  SARVA raises fresh funds from Mantra Capital to expand digital footprint
Ø  India's domestic air passenger traffic fell by 11.8% in March: IATA
Ø  Credit risk funds lose 17% of their AUM in three days
Ø  GST revenue for April, May set to fall drastically
Ø  Oil posts double-digit gains after US crude storage build slows

Ø  ADB gives $ 346 million loan for power sector in rural Maharashtra
Ø  Power demand to fall by 1% in FY21: Icra
Ø  Textile players to witness substantial fall in topline, operating profits: Ind-Ra
Ø  RBI extends curbs on Mumbai-based Co-operative bank for 6 months

Ø  SEBI eases compliance norms for mutual funds on unlisted debt
Ø  Daimler sees operating loss as auto sales drop due to coronavirus
Ø  Nirav Modi remanded to custody, extradition trial from May 11 in UK court
.
=========>
.
👉🏻CS exams at all levels slated from June 1 to 10 postponed
(In view of Covid-19 pandemic and subsequent lockdown, ICSI decided to postpone CS examinations for the June 2020 session at all levels)
👇🏻 👇🏻 👇🏻
https://bit.ly/3aS3UU0

👉🏻CBIC notifies effective date for Rule 87(13) and Form GST PMT09
(CBIC notifies 21st day of April, 2020 asthe date from which Rule 87(13) of CGST Rules  & Form GST PMT-09  will comes into effect.)
👇🏻  👇🏻 👇🏻
https://bit.ly/2YtojfP

.
=========>
.


👉 In a major relief for ongoing liquidation processes under IBC, the Insolvency and Bankruptcy Board of India (IBBI) has excluded the liquidation timeframe for bankrupt companies from the lockdown period.

A Gazette notification, announced the inclusion of a regulation to the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 to effect the same.

As per the new regulation ’47A’ to deal with exclusion of period of lockdown, “Subject to the provisions of the Code, the period of lockdown imposed by the Central Government in the wake of Covid-19 outbreak shall not be counted for the purposes of computation of the timeline for any task that could not be completed due to such lockdown, in relation to any liquidation process.”

The notification said that since the amended regulations provide clarity to the stakeholders in regard to the model time-line in the completion of various tasks in the liquidation process, no person is being adversely affected by giving retrospective effect.

Further, the board has also excluded the lockdown period from the resolution timeframe of corporate persons.

IBBI said that a new regulation ’40 C’ would be inserted in the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, after regulation 40B.

The special provision relating to timeline says: “Notwithstanding the time-lines contained in these regulations, but subject to the provisions in the Code, the period of lockdown imposed by the Central Government in the wake of Covid-19 outbreak shall not be counted for the purposes of the time-line for any activity that could not be completed due to such lockdown, in relation to a corporate insolvency resolution process.” (IANS)


👉 The legislative intent of the bankruptcy framework of India, which is codified in the Insolvency and Bankruptcy Code, 2016 ("Code"), is resolution and revival of the financially distressed entities, which have defaulted in their payment obligations, so as to benefit not only such entities but also their stakeholders (including employees and workmen) in equal measure.

In order to achieve this objective, the Code has envisaged constitution of Committee of Creditors ("CoC") consisting of financial creditors, and entrusts such CoC with the task of identifying the most feasible and viable plan to revive the business of such distressed entities. The Resolution Professional has been assigned the duty of managing the entire Corporate Insolvency Resolution Process ("CIRP"), assisting the CoC in selecting the most suitable resolution applicants and scrutinizing resolution plans which are submitted by such selected resolution applicants.

Once a resolution plan has been approved by members of the CoC, the minority dissenting financial creditors cannot question the logic or the justness of the opinion expressed by the majority of the financial creditors. The financial creditors are obligated to apply commercial wisdom while reaching to such an opinion. Where a resolution plan fails to garner the requisite voting support of 66%, the decision of the dissenting financial creditors would prevail and the tribunals would be left with no option but to order liquidation of such corporate debtor.

The Insolvency and Bankruptcy Code (Amendment) Act, 2019 ("2019 Amendment Act"), in addition to reaffirming the primacy of the financial creditors over commercial decisions amended section 30(2) of the Code in order to protect the interest of dissenting financial creditors by stipulating the requirement of certain minimum payment to the dissenting financial creditors (in the event the resolution plan has been approved by the requisite majority of financial creditors).

Prior to 5 October 2018, Regulation 38(1)(c) of the CIRP Regulations made it mandatory for a resolution applicant to provide for payment of liquidation value to dissenting financial creditors. However, the National Company Law Appellate Tribunal ("NCLAT") held that due to the absence of any specific provision in the Code, there could be no discrimination amongst the financial creditors as far as the distribution of resolution funds were concerned and that the said Regulation 38(1)(c) of the CIRP Regulations was inconsistent with the provisions of the Code[2]. Subsequent to this, the CIRP Regulations were amended to do away with the mandatory requirement of payment of liquidation value to the dissenting financial creditors.

Thanks for reading