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Hello Auditor

What are the recent judgments related to LLP?

1. Jindal Cocoa LLP v. Reserve Bank of India (2025)

  • The Bombay High Court addressed the reversal of interest subvention benefits on export credit loans.
  • Jindal Cocoa LLP challenged the interpretation of RBI’s Master Circular on export credit.
  • The court emphasized adherence to RBI guidelines by banks when granting export credit.
  • It highlighted the need for clarity in the application of interest subvention schemes.
  • The judgment reinforced the protection of exporters’ rights under RBI regulations.

2. Narottamka Trade & Vyapaar Pvt. Ltd. v. SPP Insolvency Professionals LLP (2024)

  • NCLAT upheld the sale of Kamachi Industries Ltd. as a going concern during liquidation.
  • The appellant’s plea for a Scheme of Arrangement under Section 230 of the Companies Act was rejected.
  • The tribunal favored the IBC framework over the Companies Act for insolvency resolutions.
  • It clarified that sale processes under IBC take precedence over alternative arrangements.
  • The decision reinforced the primacy of IBC procedures in corporate insolvency cases.

3. Deloitte Haskins & Sells LLP v. Union of India (2025)

  • NCLAT dismissed appeals challenging the rejection of applications filed by Deloitte and others.
  • The case involved the role of auditors in insolvency proceedings and their liabilities.
  • The tribunal emphasized the responsibilities of auditors under the IBC framework.
  • It clarified the extent of auditors’ accountability in corporate insolvency contexts.
  • The judgment underscored the importance of due diligence by professional firms.

4. Supreme Court on NCLAT’s Inherent Powers (2024)

  • The Supreme Court set aside NCLAT’s order allowing Byju’s to withdraw from insolvency proceedings.
  • It ruled that NCLAT misused its inherent powers under Rule 11 of the NCLAT Rules.
  • The court emphasized strict adherence to Section 12A of the IBC for withdrawal of CIRP.
  • It highlighted the need for procedural compliance in insolvency resolutions.
  • The judgment reinforced the structured framework of the IBC over discretionary powers.

5. Light Ray Advisors LLP v. Deputy Commissioner of Income Tax (2025)

  • The Income Tax Appellate Tribunal addressed tax assessments of LLPs engaged in investment advisory.
  • It dealt with issues related to income recognition and expense claims by LLPs.
  • The tribunal provided clarity on tax obligations specific to LLP structures.
  • It emphasized accurate reporting and compliance with tax regulations by LLPs.
  • The decision served as guidance for LLPs in managing their tax affairs effectively.

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