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BPSL Insolvency

NCLT admitted insolvency proceeding against Sanjay Singal and Aarti Singal, Ex-Promotors of BPSL.

The National Company Law Tribunal (NCLT) admitted insolvency proceeding against ex promoter of BPSL, Sanjay Singal and Aarti Singal. The lead lender state bank of India had filed petition to invoke personal guarantee issued by the promoters for loan taken by Bhushan power and Steel Ltd (BPSL).

Admission of insolvency proceeding is an important steps to recover Rs.12,500/- crore each from Sanjay Singal and Aarti Singal.

The NCLT bench granted interim moratorium on loan and confirmed Reshma Mittal  as the Resolution Professional (RP).Now RP will verify the case and seek final approval from NCLT to start proceeding.

Earlier Sanjay Singal former chairmen of BPCL filed petition before Delhi High court challenging provision of Insolvency proceeding against personal guarantor of corporate debtors. A bench of chief justice D N Patel and Justice Prateek Jalan issued notices to Ministry of Law and Justice and corporate affairs, Insolvency and Bankruptcy Board of India (IBBI) and state bank of India to file their replies on plea filed by petitioner but the court refused to stay on notice issued by SBI to Singal invoking personal guarantee under the IBC provisions.

Bhushan Power and Steel Ltd was the part of dozen cases identified by RBI to be referred to bankruptcy court in 2017. The company had taken loan around Rs.48000/- crore from several banks and financial institutions. Back in July 2019 the company allegedly involved in a fraud amounting to around Rs.3805/- crore. Later Allahabad bank discloses that it had detected a fraud of around Rs.1775/- crore by the company.

Enforcement Directorate (ED) was registered money laundering case against Sanjay Singal promoter of the company and had attached many assets amounting to Rs.4,230/- crore in October 2019 including residential bungalow in Mumbai worth of Rs.199/- crore.

In march 2021, as part of insolvency resolution process the JSW steel acquires BPSL and ready to pay its financial creditors Rs.19,350/- crore against Rs. 48,000/- crore claimed  by the lender of BPSL which leads to 41% recovery of the claim.

Later Sanjay Singal promoter of the company had filed petition in Supreme Court against the lenders accepting money from JSW steel, However the Apex court not stayed the NCLT approval of JSW Steel’s Resolution plan.

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CBDT Order _ mmtaxclub

Order under section 119(2)(b) of the Income Tax Act, 1961 for filing applications for settlement before the Interim Board for Settlement.

The Finance Act, 2021 has amended the provisions of the Act to inter alia provide that the Income-tax Settlement Commission (lTSC) shall cease to operate with effect from 01.02.2021. Further, it has also been provided that no application for settlement can be filed on or after 01.02.2021, which was the date on which the Finance Bill, 2021 was laid before the Lok Sabha. In order to dispose off the pending settlement applications as on 31.01.2021, the Central Government has constituted Interim Board for Settlement (hereinafter referred to as the "Interim Board"), vide notification No. 91 of 2021 dated 10.08.2021.

 

Meanwhile, in order to avoid genuine hardship to number of taxpayers who were in the advanced stages of filing their application for settlement before the ITSC as on 01.02.2021 and also due to the hardship faced during the covid pandemic by the tax payers, the Central Board of Direct Taxes (referred to as the "Board") had provided relief vide Press Release dated 07.09.2021 thereby allowing asses sees eligible to file application for settlement on 31.01.2021 to file such applications till the extended period of 30.09.2021.

 

In view of the above, the Board in exercise of its power under clause (b) of sub-section (2) of section 119 of the Income-tax Act, 1961 (the Act), in order to avoid genuine hardship to assessees authorizes the Commissioner of Income-tax, posted as Secretary to the Settlement Commission prior to 01.02.2021, to admit an application for settlement on behalf of the Interim Board filed after 31.01.2021 ,which is the date mentioned in sub-section (5) of section 245C of the Act for filing such application, and before 30.09.2021 and treat such applications as valid and process them as "pending applications" as defined in clause (eb) of section 245A of the Act.

 

The above relaxation is available to the applications filed:-

  1. by the assessees who were eligible to file application for settlement on 31.01.2021 for the assessment years for which the application is sought to be filed (relevant assessment years); and
  2. where the relevant assessment proceedings of the assessee are pending as on the date of filing the application for settlement.

 

Order copy can be accessed from here.

Cost Audit Report _ mmtaxclub

MCA Extended due date for filing Cost Audit Report for FY 2020-21

Ministry of Corporate Affairs vide General Circular No. 15/2021 dated 27th September, 2021, extended due date for filing cost audit report by the Cost Auditors to Board of directors till 31st October, 2021. So, BOD can file Cost audit report in CRA-4 within 30 days of Receipt of such Report.

An extract of Circular can be read as under;  

Extension  of  last  date  of  filing  of Cost  Audit  Report  to the  Board  of Directors  under Rule 6(5) of the Companies  (Cost Records and Audit) Rules, 2014-reg.

 

Representations have been received from various stakeholders for extension of last date of filing of Cost Audit Report to the Board of Directors under Rule 6(5) of the Companies (Cost Records and  Audit) Rules, 2014 due to impact of COVID-19 pandemic.

In view of the extraordinary disruption caused due to the pandemic, it has been decided  that if cost audit report for the financial year 2020-21 by the cost auditor to the Board of Directors of the companies is submitted by 31st  October, 2021 then the same would  not be viewed as violation  of rule 6(5)  of companies  (cost  records  and audit) Rules,  2014.  Consequently,  the cost audit report for  the financial year ended on 31st March, 2021 shall be filed in e-form CRA-4 within 30 days from the date of receipt of the copy  of the cost audit report  by the company.   However, in case a company has got extension of time for holding Annual General Meeting under section 96(1) of the Act then e-form CRA-4 may be filed within the timeline provided under the proviso to rule 6(6) of the companies (Cost Records and Audit) Rules, 2014.

 

Download full circular.