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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 696 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 93 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 75 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 63 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 156 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 213 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 168 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 93 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 210 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 231 Views 0 comment Print


Petition u/s 9 of IBC couldn’t be rejected on grounds of raising fake claim of Pre-Existing dispute

December 18, 2024 210 Views 0 comment Print

Aggrieved by the impugned order, the present appeal had been filed by the shareholder of the Corporate Debtor. The Corporate Debtor entered into Service Agreement with Sigma Supply Chain Solutions Pvt. Ltd.

IBBI takes Disciplinary Action Against Insolvency Professional for Violation

December 17, 2024 228 Views 0 comment Print

IBBI issues a disciplinary order against insolvency professional Kairav Anil Trivedi for violating insolvency regulations during the CIRP of Parenteral Drugs Pvt Ltd.

IBC Strengthened with 6 Amendments and 100+ Regulatory Changes by IBBI

December 17, 2024 225 Views 0 comment Print

Government has amended the IBC six times and IBBI made over 100 changes to improve insolvency resolution and asset value maximization.

Property not owned by Corporate Debtor cannot be sub-leased by liquidator without prior permission

December 17, 2024 228 Views 0 comment Print

NCLAT Delhi held that liquidator cannot create sub-lease over properties not owned by the corporate debtor without prior permission of concerned authority. Accordingly, action to sub-lease without specific permission is incorrect and illegal.

IBBI Suspends Insolvency Professional for Misrepresentation and Issues

December 16, 2024 270 Views 0 comment Print

IBBI suspends Sanjay Garg for three months, directs reinvestigation into issues related to duplicate payments and misrepresentation in insolvency proceedings.

Power to determine Related Party Status of Creditor was with Resolution Professional

December 16, 2024 216 Views 0 comment Print

RP had excluded assessee from the COC as RP was empowered to decide about the status of a creditor as related party and the findings of RP and AA concluded assessee as related party in terms of provisions of Section 5 (24) of the Code.

Petition u/s. 7 admissible when interest amount exceeds 1 Crore: NCLAT Delhi

December 16, 2024 138 Views 0 comment Print

NCLAT Delhi held that petition under section 7 of the Insolvency and Bankruptcy Code, 2016 admissible when interest amount demanded by Financial Creditor is more than INR 1 Crore since financial debt means a debt alongwith interest.

Application u/s. 9 of IBC not maintainable on account of pre-existing dispute: NCLAT Delhi

December 16, 2024 288 Views 0 comment Print

NCLAT Delhi held that application under section 9 of Insolvency and Bankruptcy Code 2016 (IBC) of operational creditor not maintainable due to pre-existing dispute. Further, there was no requirement for the Adjudicating Authority to go under the skin of dispute

PBG amount of Corporate Debtor can be demanded by Liquidator u/s. 60(5)(c): NCLAT Delhi

December 16, 2024 225 Views 0 comment Print

NCLAT Delhi held that held that considering the text of Section 60(5)(c) of IBC liquidators can ask for the refund of the Performance Bank Guarantee (PBG) amount, which was given by the Corporate Debtor towards margin money for securing a PBG.

No modification possible in Information Memorandum prepared based on Resolution Plan submitted and approved by CoC

December 14, 2024 300 Views 0 comment Print

As per the agreements, assessee had paid their respective consideration amount.  As per the aforesaid flat buyer Agreement, the Corporate Debtor had promised to deliver the possession of the flats within a prescribed timeline.

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