83. (1) The resolution professional shall examine the application made
under section 80 within ten days of his appointment, and submit a report to
the Adjudicating Authority, either recommending acceptance or rejection of
the application.
(2) The report referred to in sub-section (1) shall contain the details of
the amounts mentioned in the application which in the opinion of the
resolution professional are-
(a) qualifying debts; and
(b) liabilities eligible for discharge under sub-section (3) of section 92.
(3) The resolution professional may call for such further information or
explanation in connection with the application as may be required from the
debtor or any other person who, in the opinion of the resolution
professional, may provide such information.
(4) The debtor or any other person, as the case may be, shall furnish such
information or explanation within seven days of receipt of the request under
sub-section (3).
(5) The resolution professional shall presume that the debtor is unable to
pay his debts at the date of the application if-
(a) in his opinion the information supplied in the application indicates
that the debtor is unable to pay his debts and he has no reason to believe
that the information supplied is incorrect or incomplete; and
(b) he has reason to believe that there is no change in the financial
circumstances of the debtor since the date of the application enabling the
debtor to pay his debts.
(6) The resolution professional shall reject the application, if in his
opinion-
(a) the debtor does not satisfy the conditions specified under section 80;
or
(b) the debts disclosed in the application by the debtor are not qualifying
debts; or
(c) the debtor has deliberately made a false representation or omission in
the application or with respect to the documents or information submitted.
(7) The resolution professional shall record the reasons for recommending
the acceptance or rejection of the application in the report to the
Adjudicating Authority under sub-section (1) and shall give a copy of the
report to the debtor.