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IBC 2016

Latest Articles


IBBI Circular on Filing Forms for Monitoring Voluntary Liquidation Processes

CA, CS, CMA : Discover IBBI Circular No. IBBI/LIQ/74/2024 dated 28-06-2024 on voluntary liquidation processes under the Insolvency and Bankruptc...

June 30, 2024 228 Views 0 comment Print

Forgotten Creditors: IBC’s Dual Approach for Homebuyers & other Consumers

Corporate Law : Discover how Insolvency and Bankruptcy Code (IBC) protects homebuyers and other consumers, with a detailed analysis of financial a...

June 24, 2024 444 Views 0 comment Print

Comparative Analysis of IBC, 2016 With International Bankruptcy Laws

Corporate Law : Explore the Insolvency and Bankruptcy Code, 2016 alongside international bankruptcy laws, focusing on key differences, similaritie...

June 18, 2024 447 Views 0 comment Print

Delhi HC Went Overboard in deciding Tata Bhushan Steel vs. Venus Recruiters

Corporate Law : Delhi HC's ruling on Tata Steel BSL Ltd. v. Venus Recruiters allows avoidance proceedings beyond CIRP, diverging from established ...

June 14, 2024 366 Views 0 comment Print

Options for Voluntary Closure of Companies in India

Corporate Law : Article explains various methods for voluntary company closure in India, including striking off, NCLT winding up, and voluntary li...

June 13, 2024 1077 Views 0 comment Print


Latest News


IBBI Issues Guidelines for Insolvency Professionals 2024

Corporate Law : Learn about the new guidelines by IBBI for Insolvency Professionals acting as IRPs, Liquidators, RPs, and BTs. Details on eligibil...

July 5, 2024 165 Views 0 comment Print

IBBI Format for progress report during Liquidation process

Corporate Law : IBBI updates the progress report format for liquidation processes, seeking comments by July 12, 2024. Learn about the new requirem...

June 22, 2024 303 Views 0 comment Print

IBBI Discussion Paper: Proposed Amendments to CIRP Regulations

Corporate Law : IBBI invites comments on proposed amendments to CIRP regulations, focusing on valuation processes, MSME treatment, voting protocol...

June 19, 2024 300 Views 0 comment Print

Discussion Paper on Streamlining CIRP Form Compliance for Insolvency Professionals

Corporate Law : Discover how the latest revisions in CIRP forms by IBBI aim to reduce the compliance burden on insolvency professionals and stream...

June 12, 2024 228 Views 0 comment Print

IBBI Guidelines 2024: Interim Resolution, Liquidation and Bankruptcy Trustees

Corporate Law : The Insolvency and Bankruptcy Board of India issues guidelines for Insolvency Professionals to act as Interim Resolution Professio...

June 5, 2024 372 Views 0 comment Print


Latest Judiciary


NCLT rejects CIRP application as default by Corporate Debtor not proved

Corporate Law : Detailed analysis of the NCLT Mumbai judgment in SBI vs Navjeevan Tyres, addressing issues of loan recall notice and corporate gua...

July 14, 2024 324 Views 0 comment Print

NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...

July 14, 2024 165 Views 0 comment Print

U.S. Bankruptcy Court Moratorium Order Not Automatically Enforceable in India

Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...

July 14, 2024 192 Views 0 comment Print

‘Cinema Ventures’ guilty of not reducing Ticket price despite GST Rate reduction

Goods and Services Tax : Detailed analysis of Competition Commission of India's order regarding Cinema Ventures Pvt Ltd not passing GST rate reduction bene...

July 13, 2024 162 Views 0 comment Print

Customs Duty Claims Abate if Not Claimed During IBC Resolution Plan Implementation

Custom Duty : Gujarat High Court abates customs tax appeals in Commissioner Of Customs (Preventive) Vs General Foods Ltd., citing IBC Sections 3...

July 8, 2024 132 Views 0 comment Print


Latest Notifications


IBBI penalises IP for not filing application regarding fraudulent transaction

Corporate Law : Detailed analysis of IBBI Order 229/2024 on Mr. Narender Kumar Sharma, resolving a show-cause notice with significant findings and...

July 17, 2024 75 Views 0 comment Print

IBBI suspends valuer for misuse of IBBI’s name/logo and misleading declarations

Corporate Law : Explore the IBBI's decision on Mr. Gopal Krishna Raju regarding violations under the Companies Act, 2013 and Valuation Rules, incl...

July 13, 2024 156 Views 0 comment Print

IBBI suspends IP for discussions with ex-directors regarding fees as RP

Corporate Law : Explore IBBI's Disciplinary Order No. IBBI/DC/228/2024 dated 11 July 2024 against Reshma Mittal, detailing the CIRP process, alleg...

July 11, 2024 90 Views 0 comment Print

IBBI Imposes ₹2 Lakh Penalty on IP for Lack of Cooperation with Investigation Agencies

Corporate Law : Read the detailed analysis of IBBI's Disciplinary Committee order against Narender Kumar Sharma, an Insolvency Professional, regar...

July 11, 2024 30 Views 0 comment Print

IBBI Penalizes RP for Submitting Revised Resolution Plan to AA Without CoC Approval

Corporate Law : IBBI suspends & Penalises RP For submitting a revised resolution plan to the Adjudicating Authority (AA) without obtaining the fin...

July 8, 2024 276 Views 0 comment Print


Format for Serving a Copy of Application for Initiation of CIRP & Guide to fill

March 4, 2023 1320 Views 0 comment Print

Insolvency and Bankruptcy Board of India 7th Floor, Mayur Bhawan, Connaught Place, New Delhi – 110 001 Circular No. IBBI/LAD/58/2023 04th March, 2023 To All Registered Insolvency Professionals All Recognised Insolvency Professional Entities All Registered Insolvency Professional Agencies (By mail to registered email addresses and on website of the IBBI) Dear Madam / Sir, Subject: Serving […]

CBDT notifies IBBI under section 10(46) of Income tax Act 1961

March 1, 2023 1599 Views 0 comment Print

Notification No. 09/2023- Income Tax Dated: 01st March, 2023 CBDT notifies Tax Exemption to Insolvency and Bankruptcy Board of India, a Board established by the Central Government, in respect of specified income under section 10(46) of Income Tax Act, 1961. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No. 09/2023- Income […]

Person filing CIRP application is liable to bear expense/ fees of Interim Resolution Professional

March 1, 2023 7755 Views 0 comment Print

NCLAT Delhi held that regulation 33 of Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the operational credit (i.e. the person filing CIRP application) is liable to bear the expense/ fees of Interim Resolution Professional.

IBBI caution IP for not providing calculation & method in valuation report

February 28, 2023 924 Views 0 comment Print

IBBI notes the submission of Ms. Gunjan Agarwal that she has done aging analysis of trade receivables and thereby categorized in six categories A (15%) to E (2.5%) and that some debtors whose balance consists of 2 categories, i.e., within 2 years and also included an amount outstanding for more than 2 years, accordingly FV […]

IBBI suspends IP for various contraventions of IBC 2016

February 28, 2023 471 Views 0 comment Print

The Authority does not agree with the assumption of Mr. Sandeep Kumar Agarwal that as a normal banking practice Corporation Bank would definitely adjust this FD against its dues and accordingly nil amount is considered. Mr. Sandeep Kumar Agarwal did not check with banks or liquidator whether actual adjustment has been done and whether the […]

Entertaining claims for period before obtaining approval of resolution plan is unjustified

February 27, 2023 1566 Views 0 comment Print

Delhi High Court held that as per law laid down by the Supreme Court in Ghanashyam Mishra, all dues including statutory dues shall stand extinguished and no proceedings in respect of dues for period prior to date on which approval to resolution plan is granted could be continued.

Insolvency & Bankruptcy Code, 2016 has an overriding effect on all acts

February 25, 2023 1578 Views 0 comment Print

ITAT Delhi held that as per specific provisions covered under section 178(6), Insolvency and Bankruptcy Code, 2016 has an overriding effect on all the acts including Income Tax Act.

Dues of income tax department classifiable as secured creditors

February 23, 2023 3774 Views 0 comment Print

NCLAT Delhi held that the dues of income tax department are Government dues and they are secured creditors.

Research Paper Future of Mediation in Insolvency Proceedings under IBC

February 22, 2023 3150 Views 0 comment Print

RBI issues norms for provisioning of NPA (Non-performing assets) in financials of all banks being a regulator. NPA means identification of a loan where the borrower defaults in repayment of the loan over 90 days from due date

Tug of War between Applicability of Moratorium under ‘IBC, 2016’ to Attachment Proceedings Under ‘PMLA’

February 21, 2023 1506 Views 0 comment Print

In contrast to PMLA, which aims to stop money laundering and prevent criminals from profiting from their crimes, ‘I&B CODE’ promotes the resurrection of stressed enterprises by protecting the interests of all stakeholders.

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