Corporate Law : The framework permits liquidation only where the company has not defaulted on debts and can pay liabilities. It ensures a clean an...
CA, CS, CMA : The High Court ruled that retrospective cancellation of GST registration is invalid if such action is not proposed in the original...
Corporate Law : Explains how the 2025 amendment removes going-concern sales from liquidation. Highlights the shift toward speed and finality over ...
Corporate Law : IBBI Regulations 32 & 32A for liquidation: defines asset sale modes and prioritizes selling the business as a going concern to max...
Corporate Law : Understand secured creditor rights under IBC Section 52 during liquidation: relinquish security to the estate or realize independe...
Corporate Law : The amendments arise from the inclusion of a unified “service provider” definition under the Code. The move expands regulatory...
Corporate Law : The issue addressed is ambiguity in authentication and evidentiary value of financial information in insolvency cases. The propose...
Corporate Law : The proposal aligns grievance regulations with the newly introduced definition under the amended Code. It aims to ensure uniform a...
Corporate Law : The amendments focus on better protection of creditor interests and structured insolvency processes. They introduce new mechanisms...
Corporate Law : The amendment replaces rigid statutory documentation requirements with a flexible framework. This change empowers regulators while...
Company Law : NCLAT Delhi held that each and every commercial transaction which has resulted in loss may not be labelled as fraudulent or to hav...
Company Law : The appellate tribunal quashed orders permitting bankruptcy against personal guarantors after a creditor consented to grant additi...
Company Law : NCLT Allahabad held that financial creditor duly established existence of financial debt and default thereon on the part of the Co...
Company Law : The tribunal held that the resolution plan was invalid because several valuable properties were omitted from the Information Memor...
Company Law : NCLAT Delhi held that Prospective Resolution Applicant or unsuccessful Resolution Applicant doesn’t have vested right to challen...
Corporate Law : The issue was whether IBBI must provide data held by a regulated entity. The Authority held that RTI applies only to information h...
Corporate Law : The appeal found that the RTI response was delayed beyond statutory timelines. The key takeaway is that delay breaches RTI provisi...
Corporate Law : The issue was whether an RVO could grant conditional enrolment to an unqualified applicant. The authority held that such enrolment...
Corporate Law : The amendment allows financial creditors to directly initiate insolvency with prior approvals, reducing delays. It ensures faster ...
Corporate Law : The study found that most MSME insolvency cases are resolved before admission, highlighting gaps in data and process efficiency. I...
The appellate authority held that RTI applies only to existing records. Authorities cannot be compelled to generate Action Taken Reports, analyses, or explanations not maintained in official records.
The appellate authority clarified that under the RTI framework, public authorities are only required to provide information already available on record and cannot be compelled to create or interpret data for applicants.
The appellate authority allowed disclosure of internal file notings but refused to release documents submitted by valuers, holding them exempt under Section 8(1)(d) of the RTI Act due to commercial confidentiality.
IBBI introduces standardized valuation formats, harmonised standards, and a Coordinating Valuer mechanism to improve credibility and comparability under the IBC.
The IBBI Disciplinary Committee held that continued operation of a CIRP bank account after commencement of liquidation violates Sections 34 and 36 of the Code. The professional’s registration was suspended for two years for unauthorised transactions post-liquidation.
The Finance Ministry has permitted Aadhaar-based authentication for accessing credit information reports, subject to user consent and availability of alternative ID options.
The 2026 amendment replaces internationally accepted valuation standards with standards notified by the Board through circular. It strengthens regulatory control over valuation in personal guarantor bankruptcy cases.
The 2026 amendment revises the definition of “fair value” to include all assets and underlying synergies and requires appointment of two sets of registered valuers. It introduces a structured mechanism for computing fair and liquidation values.
The IBBI has inserted an explanation in Regulation 3 requiring registered valuers to prepare reports and maintain documentation as per a format notified by the Board. The amendment takes effect from publication in the Official Gazette.
The amendment replaces earlier valuation rule references with standards notified by the regulator through circulars. It centralizes control over valuation in liquidation proceedings.
