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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 72 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 60 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 150 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 156 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 87 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 144 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


Operational creditor can initiate CIRP against Corporate Debtor only in clear cases

August 31, 2023 849 Views 0 comment Print

NCLAT Delhi held that operational creditor can initiate Corporate Insolvency Resolution Process (CIRP) against a Corporate Debtor only in clear cases where no real dispute exists between the two parties.

Supreme Court Declares Homebuyers as Creditors under IBC

August 31, 2023 4470 Views 1 comment Print

An analysis of the Supreme Court ruling which positions homebuyers as financial creditors under the Insolvency and Bankruptcy Code, its implications, and history.

Tata Power’s Service Connection Application to be Considered Without Arrear Payment: NCLAT

August 30, 2023 417 Views 0 comment Print

NCLAT rules in favor of Tata Power, stating no arrears payment needed before the date of Resolution Plan approval against Jagannath Sponge Pvt Ltd.

NCLAT Dismisses Kotak Mahindra’s Appeal: Scope Limited After ‘Approval of Resolution Plan

August 30, 2023 600 Views 0 comment Print

NCLAT Chennai dismisses Kotak Mahindra Bank’s appeal in the Orchid Pharma case, affirming limited authority post approval of resolution plan. Analysis and conclusion provided.

Emails Aren’t Valid Notices As Per NCLT Rules: NCLAT

August 29, 2023 1866 Views 0 comment Print

NCLAT Delhi rules in Suniel Dhandhania & Anr Vs Vichitra Narayan Pathak that an email doesn’t qualify as a valid notice under NCLT guidelines.

Initiation of CIRP u/s 9 unsustainable as dispute existed prior to issue of demand notice

August 28, 2023 669 Views 0 comment Print

NCLAT Delhi held that initiation of CIRP under section 9 of the Insolvency Bankruptcy Code, 2016 unsustainable as dispute regarding credit/refund of the service tax amount existed prior to the issue of demand notice under section 8.

Study on Post-IBC Firm Outcomes: Effectiveness Report

August 26, 2023 501 Views 0 comment Print

Analyzing impact of IBC Resolution process on firms’ post-distress outcomes. Reveals insights on financial recovery, operational efficiency, and stakeholder perspectives.

Recent Suicide Case: What Is More Important – Human Life or Recovery of Debt?

August 26, 2023 1812 Views 0 comment Print

Examining the critical question: Human life or debt recovery? The recent alleged suicide case of Nitin Desai highlights the emotional toll of recovery actions by financial institutions. The article delves into the legal frameworks governing debt recovery, the impact on mental health, and the need for a humane approach.

Claim of appellant during CIRP based on forged document is duly rejected

August 19, 2023 1944 Views 0 comment Print

NCLAT Delhi held that claim of the appellant, to Interim Resolution Professional (IRP) during the process of CIRP, duly rejected as the claim was based on MOU/ agreement which were forged document.

NCLT can initiate insolvency proceedings of Personal Guarantors even when no CIRP pending against Corporate Debtor

August 19, 2023 2562 Views 0 comment Print

NCLAT Chennai held that National Company Law Tribunal (NCLT) has jurisdiction to initiate insolvency proceedings of Personal Guarantors even when no Corporate Insolvency Resolution Process (CIRP) Proceedings is pending against Corporate Debtor.

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