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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 102 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 96 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 219 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


Supreme Court on Recovery of Tax Dues Vis-À-Vis Claim Under IBC

November 13, 2022 2376 Views 0 comment Print

On the date on which the Resolution Plan was approved by the NCLT, all claims stood frozen, and no claim, which is not a part of the Resolution Plan, would survive.

Interim moratorium of one guarantor wouldn’t ipso facto apply against co-guarantor

November 12, 2022 2382 Views 0 comment Print

Delhi High Court held that the interim moratorium under Section 96 Insolvency and Bankruptcy Code in respect of one of the guarantors would not ipso facto apply against a co-guarantor.

Consultation paper on protection of public equity shareholders in case of listed companies undergoing CIRP

November 11, 2022 1593 Views 0 comment Print

Consultation Paper Framework for protection of interest of public equity shareholders in case of listed companies undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC)

IBBI penalises IP for conducting CIRP & Liquidation proceeding in a very casual & careless manner

November 10, 2022 1017 Views 0 comment Print

From the aforesaid discussion, DC finds that Ms. Sonu Jain was conducting CIRP and Liquidation proceeding in a very casual and careless manner which is not at all expected from an Insolvency Professional. Ms. Jain was not only casual in keeping the records of the proceeding and submitting the same to IA, but she was […]

Notice not to be given to Personal Guarantor before appointment of IRP

November 10, 2022 2178 Views 0 comment Print

NCLT Amaravati held that no notice is required to be given to the Personal Guarantor at the stage of appointment of Interim Resolution Professional (IRP).

Committee of Creditors empowered to decided coverage of related party transaction during CIRP

November 10, 2022 1536 Views 0 comment Print

NCLT Ahmedabad held that Committee of Creditors (CoC) has power to take commercial decision to undertake or not to undertake related party transaction during CIPR of Corporate Debtors. If in commercial wisdom the CoC has rejected the resolution for payment of salary to the Applicants, the question of reversing the decision cannot be considered.

Application u/s 7 by Financial Creditor against Guarantor maintainable on default of Principal Borrower

November 10, 2022 888 Views 0 comment Print

NCLAT Delhi held that Financial Creditors can invoke the proceedings under section 7 of the Insolvency and Bankruptcy Code, 2016 against the Guarantor, who on default of Principal Borrower transforms into Corporate Debtor

IBBI rescinds 11 Circulars with effect from 9th November, 2022

November 9, 2022 945 Views 0 comment Print

n IP is required to prominently state in all his communications, whether by way of public announcement or otherwise to a stakeholder or to an authority, his name, address, email, Registration Number etc.

Negotiable Instruments Act, Section 138/141 proceeding against a corporate debtor is covered under IBC 2016

November 9, 2022 996 Views 0 comment Print

G. Ajay Agarwal Vs Bhagwandas and Co. (Madras High Court) The question as to whether by operation of provision of I&B Code, the criminal prosecution initiated under Section 138 r/w 141 of Negotiable Instruments Act, r/w 200 of Cr.P.C can be terminated, is no longer res integra in view of Apec Court judgment in P. […]

IBC: Decree of civil court will not alter basic nature of transaction

November 7, 2022 780 Views 0 comment Print

Jones Lang Lasalle Building Operations Pvt Ltd Vs Celebration City Projects Pvt Ltd (NCLT Delhi) This is an application filed by the real estate allottee to the Corporate Debtor, whose claim was rejected by the Resolution Professional on the ground that she ceases to be a real estate allottee on account of an arbitral award […]

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