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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 702 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 1701 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 114 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


Gratuity doesn’t form part of liquidation estate: Calcutta HC

Corporate Law : Calcutta High Court held that gratuity doesn’t form part of liquidation estate. Hence, entire dues of workers would not come und...

March 10, 2025 18 Views 0 comment Print

Rejection of resolution plan by CoC after discussion justifiable: NCLAT Delhi

Corporate Law : NCLAT Delhi held that rejection of resolution plan of appellant justified as CoC deliberated and discussed the Resolution Plan of ...

March 10, 2025 24 Views 0 comment Print

NCLAT held Electricity was essential supply, couldn’t be disconnected during moratorium period under IBC

Company Law : When the corporate debtor failed to pay the outstanding power obligation, appellant subsequently cut off the electrical service. O...

March 10, 2025 27 Views 0 comment Print

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 99 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 66 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 207 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 108 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 468 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 114 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 243 Views 0 comment Print


IBBI Circular: Insolvency Professionals’ Declarations – Form C Clarification

December 21, 2023 489 Views 0 comment Print

Explore IBBI’s latest circular clarifying the submission of declarations by insolvency professionals in Form C for initiating insolvency resolution processes. Key details for creditors and professionals.

NCLT Cannot Mandate Shareholder to Submit Statement of Affairs in Winding-Up Proceedings

December 20, 2023 639 Views 0 comment Print

Read the detailed analysis of K.N. Abdul Gafoor Vs Kasmisons Builders Pvt. Ltd case as Kerala High Court overturns NCLT’s order regarding the production of a shareholder’s statement of affairs.

SARFAESI Auctions Pre-Insolvency: Not Corporate Debtor’s Assets

December 20, 2023 687 Views 0 comment Print

Supreme court in Haldiram Incorporation Pvt. Ltd. Vs Amrit Hatcheries Pvt. Ltd. & Ors. held that Properties sold under Auction Sale in SARFAESI Act before declare insolvency, could not be treated assets of Corporate Debtor.

Appeal abates once IRP is appointed and/or Resolution plan approved

December 20, 2023 648 Views 0 comment Print

Explore the Tiffins Barytes vs. Commissioner of CE & ST case at CESTAT Bangalore. Learn about the abatement of appeal and its implications under Rule 22.

Condonation of 92 days delayed submission of claims to Liquidator due to medical difficulty of Officer in Charge

December 18, 2023 624 Views 0 comment Print

Condonation of 92 days delay due to medical difficulty of officer in charge was allowed as liquidation proceedings were still underway, and the admission of claim which was a statutory dues would not derail/protract the liquidation proceedings in respect of the Corporate Debtor.

ITC Conundrum: GST Law vs Insolvency & Bankruptcy Code

December 18, 2023 3807 Views 0 comment Print

Explore intricacies of Input Tax Credit (ITC) eligibility during corporate insolvency resolution. Analyze GST law vs Insolvency & Bankruptcy Code complexities in this detailed guide.

Unravelling Section 53 of IBC: Judicial Insights and Implications

December 16, 2023 3009 Views 0 comment Print

Explore recent Supreme Court rulings on Section 53 of the Insolvency Bankruptcy Code (IBC) and its implications for the hierarchy of creditor claims. Gain insights into the evolving legal landscape, the clash of judicial perspectives, and the potential need for legislative amendments.

Initiation of proceedings under IBC against Airport Authority of India unjustified

December 16, 2023 330 Views 0 comment Print

NCLT Hyderabad Held that Airport Authority of India being a statutory body created under Airport Authority of India Act, 1944, does not come under the definition of ‘corporate person’ u/s. 3(7) of IBC. Therefore, proceedings under IBC could not have been initiated against them.

Wings of Change: India’s Revolutionary Aviation Insolvency Notification

December 16, 2023 729 Views 0 comment Print

The recent MCA announcement addressing the moratorium under Section 14(1) of the IBC is a watershed moment for India’s aviation industry. To truly comprehend its significance, one must first understand the particular geography of the Indian aviation sector.

Once NCLT approves resolution plan, the appeal before CESTAT abates

December 13, 2023 639 Views 0 comment Print

Explore the implications of the National Company Law Tribunal’s resolution plan approval on the CESTAT Bangalore’s jurisdiction in the case of Patanjali Foods Ltd. vs. Commissioner of Customs.

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