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IBC 2016

Latest Articles


Stages of CIRP: From Initiation to Resolution or Liquidation

Corporate Law : Understand Corporate Insolvency Resolution Process (CIRP) in India, from initiation and moratorium to resolution plan approval and...

February 16, 2025 687 Views 0 comment Print

Income Tax Implications under Insolvency & Bankruptcy Code, 2016

Corporate Law : Pursuant to approval of Resolution Plan by the Adjudicating Authority under Insolvency & Bankruptcy Code, 2016, has presuppose wai...

January 14, 2025 612 Views 0 comment Print

Latest Case Law Related to IBC – July to September 2024

Corporate Law : Insights into recent Supreme Court and High Court judgments on IBC cases, covering corporate guarantees, auction timelines, liquid...

November 12, 2024 1689 Views 1 comment Print

Insolvency Withdrawals: Balance of Creditor Rights & Adjudicating Authority

Corporate Law : Explore the legal complexities of CIRP withdrawals and the protection of creditor rights under the Insolvency and Bankruptcy Code ...

October 29, 2024 552 Views 0 comment Print

Juggling Speed and Competition: The Case Against Green Channel Approvals in Corporate Insolvency Resolution

Corporate Law : Explore the issues surrounding green channel approvals in India's Corporate Insolvency Resolution Process and alternative solution...

October 24, 2024 222 Views 0 comment Print


Latest News


RTI Appeals Against IBBI Dismissed Over Repetitive Filings

Corporate Law : IBBI dismisses multiple RTI appeals citing misuse of the RTI Act through repetitive filings. The order emphasizes responsible use ...

March 7, 2025 78 Views 0 comment Print

Investigation Status Inquiries Are Beyond RTI Act Scope: IBBI

Corporate Law : RTI Act permits access only to information held by a public authority and does not require the creation or interpretation of infor...

February 21, 2025 117 Views 0 comment Print

Latest Case Law Related to IBC 2016: October to December 2024

Corporate Law : Key IBC case law updates from Oct-Dec 2024, covering Supreme Court and High Court decisions on CoC powers, resolution plans, relat...

February 13, 2025 468 Views 0 comment Print

Status of Barshi Textile Mills & IBC Provisions

Corporate Law : The Government clarified that no cooperative sector companies in Maharashtra are declared corrupt under IBC, 2016, and Barshi Text...

February 12, 2025 81 Views 0 comment Print

MSME Ministry Information held in fiduciary capacity not disclosable under RTI: IBBI

Corporate Law : IBBI denies RTI appeal citing fiduciary exemption under Section 8(1)(e). The requested MSME-related information was withheld. Appe...

February 12, 2025 81 Views 0 comment Print


Latest Judiciary


AO can determine tax liabilities even during insolvency proceedings: ITAT Mumbai

Income Tax : ITAT Mumbai restores MITC Metals case for fresh adjudication, ruling that assessment order was not void ab-initio despite ongoing ...

March 8, 2025 42 Views 0 comment Print

Lone Homebuyer Cannot Challenge Resolution Plan Approval: NCLAT Delhi

Corporate Law : NCLAT Delhi ruled that a single homebuyer cannot challenge a resolution plan approved by the CoC. The decision follows Supreme Cou...

March 8, 2025 54 Views 0 comment Print

IBC would prevail over Electricity Act: NCLAT Delhi

Company Law : The plain reading of the above provisions of Section 60(5)(c) clearly indicates that the NCLT is empowered to adjudicate any quest...

March 7, 2025 129 Views 0 comment Print

Calcutta HC Dismisses Income Tax Appeal Due to Insolvency Moratorium

Income Tax : Calcutta HC dismisses IT appeal against Subhlabh Steels due to ongoing insolvency under IBC, citing SC ruling in Monnet Ispat. Rea...

March 6, 2025 213 Views 0 comment Print

Tax appeals stand abated upon NCLT approval of a resolution plan under IBC

Service Tax : CESTAT Chennai ruled on Orchid Chemicals' appeal, citing insolvency resolution precedents. The appeal was abated following NCLT ap...

March 5, 2025 207 Views 0 comment Print


Latest Notifications


RTI Act Grants Access to Records, Not Obligations to Compile Non-Existent Information

Corporate Law : IBBI rejects RTI appeal seeking detailed breakup of Dalmia Cement claims in Jaiprakash insolvency case, citing unavailability of d...

March 7, 2025 144 Views 0 comment Print

Clarifications on Valuer Registration & employment grievance  Beyond RTI Scope

Corporate Law : IBBI rejects RTI appeal seeking clarifications on valuer registration, stating that opinions and justifications do not fall under ...

March 7, 2025 84 Views 0 comment Print

Ongoing Fraud Investigation in Asset Sale: IBBI Directs RP to Report Results

Corporate Law : IBBI disposes of SCN against IP in CIRP case, addresses claims dispute, and ongoing RoC investigation. Details of findings and DC'...

March 6, 2025 138 Views 0 comment Print

IBBI Suspends IP for delays & procedural lapses in liquidation process

Corporate Law : The IBBI Disciplinary Committee has suspended Ms. Sonu Jain for one year due to delays and procedural lapses in the liquidation pr...

March 6, 2025 111 Views 0 comment Print

IBBI Suspends Valuer’s Registration for flawed Valuation Report in CIRP & Liquidation

Corporate Law : IBBI suspends valuer for six months for non-transparent valuation in CIRP and liquidation of Base Corporation Ltd., citing violati...

March 5, 2025 210 Views 0 comment Print


Post approval of resolution plan, no new liability can be fastened: Allahabad HC

January 21, 2025 249 Views 0 comment Print

The petitioner no.1 was the erstwhile company that went through insolvency proceedings. The resolution plan was approved on February 24, 2021 wherein the Income Tax Department had also put forward its claim before the resolution professional.

Unilateral guarantee revocation doesn’t absolve guarantor’s obligation as revocation not agreed by Financial Creditor

January 20, 2025 162 Views 0 comment Print

NCLAT Delhi held that unilateral revocation of guarantee by the guarantor does not absolve him from his obligations under the guarantee agreement as the Financial Creditor has not agreed to such revocation.

NCLT cannot exercise jurisdiction over matters dehors insolvency proceedings: NCLAT Delhi

January 20, 2025 420 Views 0 comment Print

Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over matters dehors the insolvency proceedings since such matters would fall outside the realm of IBC.

NCLT Dismisses Insolvency Petition U/s 9 of IBC by Akshay Kumar Against CueMath

January 20, 2025 4662 Views 0 comment Print

NCLT Delhi dismissed Akshay Kumar Bhatia’s insolvency plea against Cue Learn Pvt. Ltd., citing the claim did not qualify as operational debt under IBC.

Filing of application u/s 95 of IBC by Creditor in his individual capacity or jointly through RP was allowable

January 18, 2025 312 Views 0 comment Print

Where application under section 95 of Insolvency Bankruptcy Code (IBC), 2016 was filed, the same was permitted to be filed by a creditor in his individual capacity or jointly with other creditors or through a Professional (RP).

RTI Act does not cover hypothetical questions or clarifications

January 17, 2025 330 Views 0 comment Print

Decision on RTI appeal by Kamal Deep Tyagi against IBBI, addressing information queries under the RTI Act and their availability in the public domain.

IBBI suspends IP for misrepresentation of facts before Adjudicating Authority

January 17, 2025 381 Views 0 comment Print

IBBI disposes of show cause notice against Ramkripal Sharma, citing contraventions in insolvency process and misconduct as IRP for TRN Energy Pvt Ltd.

Application U/S 9 of IBC Wrongly Rejected as Financial Debt Proven: NCLAT Chennai

January 17, 2025 63 Views 0 comment Print

NCLAT Chennai held that rejection of application preferred u/s. 9 of the Insolvency and Bankruptcy Code [I&B Code] not justified since existence of financial debt arising out of business transaction established.

NCLAT Upholds Personal Insolvency Despite Pending OTS Proposal

January 16, 2025 147 Views 0 comment Print

NCLAT rules that pendency of an OTS proposal does not halt personal insolvency proceedings under Section 95 against personal guarantors.

Order not falling under part II of IBC is not appealable u/s. 61: NCLAT Chennai

January 16, 2025 108 Views 0 comment Print

NCLAT Chennai held that order not falling under Part II of the Insolvency and Bankruptcy Code, 2016 [IBC] is not appealable under section 61 of the IBC and accordingly appeal dismissed as not maintainable.

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