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IBC 2016

Latest Articles


IBBI Circular on Generation of Valuation Report Identification Number

Corporate Law : Learn about IBBI's new rule for generating a unique Valuation Report Identification Number (VRIN) for valuations under the Insolve...

August 13, 2024 111 Views 0 comment Print

Analysis of Notifications and Circulars for Week ending 11th August 2024

CA, CS, CMA : Highlights from August 5-11, 2024: Income Tax exemptions, GST updates, SEBI guidelines, and RBI monetary policy changes....

August 13, 2024 393 Views 0 comment Print

A Study on Inherent Power of NCLT to Recall a CIRP

Corporate Law : Explore how the NCLT's inherent power to recall orders under the IBC ensures justice by addressing procedural errors. Learn about ...

August 10, 2024 84 Views 0 comment Print

Insolvency and Bankruptcy Code, 2016- Boon and Curse

Corporate Law : Explore the pros and cons of the Insolvency and Bankruptcy Code, 2016. Understand its impact on insolvency proceedings in India....

July 29, 2024 138 Views 0 comment Print

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 333 Views 0 comment Print


Latest News


Latest Case Law Related to IBC – April to June 2023

Corporate Law : SC rules on Special Court jurisdiction; NCLAT redefines financial debt; HC upholds IBBI regulations and addresses various insolven...

August 14, 2024 321 Views 0 comment Print

Guidelines for Committee of Creditors by IBBI

Corporate Law : New guidelines for the Committee of Creditors by IBBI focus on enhancing decision-making, transparency, and efficiency in insolven...

August 6, 2024 249 Views 0 comment Print

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 219 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 429 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 336 Views 0 comment Print


Latest Judiciary


Avoidance application timelines under Regulation 35A is not mandatory: Delhi HC

Company Law : Delhi High Court held that timelines under Regulation 35A of the CIRP Regulations, 2016 for filing avoidance application are direc...

August 17, 2024 27 Views 0 comment Print

Application u/s. 95 of I&B Code dismissed as demand notice not served on correct address: NCLT Amravati

Corporate Law : NCLT Amravati held that application filed by SBI (creditor) u/s. 95 of the Insolvency and Bankruptcy Code, 2016 for initiation of ...

August 16, 2024 84 Views 0 comment Print

Reassessment action u/s. 148 post approval of resolution plan unsustainable: Delhi HC

Income Tax : Delhi High Court held that reassessment action under section 148 of the Income Tax Act post approval of the resolution plan unsust...

August 15, 2024 549 Views 0 comment Print

IPE can be appointed as IP to carry out duties & functions under IBC: NCLT Mumbai

Corporate Law : NCLT Mumbai rules in favor of Piramal Capital, allowing Insolvency Professional Entities to be appointed as Resolution Professiona...

August 14, 2024 105 Views 0 comment Print

Corporate Debtor not liable for offences prior to commencement of CIRP: NCLT Mumbai

Corporate Law : NCLT Mumbai held that as per section 32A of the Insolvency Bankruptcy Code, 2016, the Corporate Debtor shall not be held liable fo...

August 8, 2024 111 Views 0 comment Print


Latest Notifications


IBBI (Inspection and Investigation) (Amendment) Regulations, 2024

Corporate Law : IBBI amends Inspection and Investigation Regulations, extending the response period to show-cause notices to 60 days from the due ...

August 17, 2024 87 Views 0 comment Print

IBBI (Information Utilities) (Amendment) Regulations, 2024

Corporate Law : IBBI updates Information Utilities Regulations with new timelines and verification procedures starting October 2024, improving def...

August 17, 2024 54 Views 0 comment Print

Mere Association with Promoter Doesn’t Automatically Disqualify Resolution Applicant: IBBI

Corporate Law : IBBI's ruled that mere association with a promoter does not automatically disqualify a Resolution Applicant under Section 29A unle...

August 15, 2024 81 Views 0 comment Print

IBBI DC Disposes of SCN Against IP, Advises Re-examination Post SC Decision

Corporate Law : The IBBI Disciplinary Committee disposes of SCN against Insolvency Professional Brijendra Kumar Mishra, advising re-examination af...

August 14, 2024 90 Views 0 comment Print

IBBI suspends IP for negligence and failure in handling claims under CIRP

Corporate Law : IBBI disciplinary order finds Mr. Vijendra Kumar Jain guilty of negligence and failure in handling claims under CIRP, with implica...

August 12, 2024 78 Views 0 comment Print


IBBI (Liquidation Process) (Amendment) Regulations, 2022

April 28, 2022 1998 Views 0 comment Print

Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2022 – It is hereby clarified that the requirements of this regulation shall apply to the liquidation processes commencing on or after the date of the commencement of the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2019.

Misuse of Section 10 of IBC by Corporate Debtor with intention to defraud stakeholders

April 27, 2022 16251 Views 2 comments Print

Uncover instances of the misuse of Section 10 of the Insolvency and Bankruptcy Code (IBC) by Corporate Debtors with the intention to defraud stakeholders. Explore legal considerations, penalties under Sections 65 and 66, and NCLT’s discretion in such cases. Stay informed on protecting creditor rights.

Insurance company must communicate insurance policy details to policyholder: SC

April 27, 2022 1833 Views 1 comment Print

SC held that It is duty of insurance company to communicate details of terms and conditions of insurance policy to the beneficiaries of insurance.

GST Dept. to Reimburse Pre Deposit in View of CIRP of Binani Cement: HC

April 27, 2022 2220 Views 0 comment Print

Ultratech Nathdwara Cement Limited Vs Assistant Commissioner (Rajasthan High Court) This bunch of Sales Tax Revisions involves identical questions of facts and law and hence, the same is being decided together by a common order. These revisions have been preferred by the petitioner M/s. UltraTech Nathdwara Cement Limited for assailing the order dated 28.12.2020 passed […]

When sale is not completed before declaring a moratorium, the sale under auction be set aside

April 25, 2022 3711 Views 0 comment Print

SC held that the Sale Certificate is merely the evidence of such title and the Auction Purchaser derives title on confirmation of sale in his favour and a Sale Certificate is issued evidencing such sale and title and no further deed of transfer from the Court is contemplated or required.

Project wise CIRP of a real estate company not in purview of IBC 2016

April 25, 2022 2787 Views 0 comment Print

Claim of Resolution Professional that he will invite Expression of Interest project wise is not feasible as same is against provisions of IBC 2016.

Section 138 NI Act Versus Moratorium In IBC

April 20, 2022 16806 Views 2 comments Print

In recent times of increasing economic fraud and cheating, Section 138 of Negotiable Instruments Act, 1881 which prescribe liability of the drawer of cheque in the event the cheque is dishonoured, provides safeguard to holder of cheque. However, due to multiplicity of litigation in various legislations cause delay in disposal of complaints under Section 138 […]

Non-payment by corporate debtor, for supply of goods by operational creditor, is operational debt

April 17, 2022 2406 Views 0 comment Print

Mukul Agarwal Vs Royale Resinex Pvt. Ltd. (NCLAT Delhi) Facts- The Operational Creditor supplied poly propylene to the Corporate Debtor as per the demand raised by the Corporate Debtor. Invoices were raised in the name of the Corporate Debtor. The Operational Creditor filed a Civil Suit No.149 of 2015 against the Corporate Debtor for recovery […]

Some Important Judgements on Income Tax, GST, & IBC & Other Corporate Laws

April 16, 2022 3816 Views 0 comment Print

CASE-1 Applicant’s Name: Khera Trading Company Citation: Advance Ruling No. HAR/HAAAR/2018-19/06 The Haryana Appellate Authority of Advance Ruling (AAAR) bench held that 18% Goods and Service Tax (GST) is payable on pizza topping as pizza topping is not pizza. BRIEF FACTS: 1. The appellant is in the business of distributing various dairy and non-dairy products […]

Operational creditor includes a purchaser of goods & services: SC

April 13, 2022 711 Views 0 comment Print

Apex Court, in the case of Consolidated Construction Consortium Limited vs. Hitro Energy Solutions Private Limited, was seized of the following legal questions: 1. Whether the Appellant is an Operational Creditor under the Code even though it was a ‘purchaser’; 2. Whether the Respondent took over the debt from the Proprietary Concern; and 3. Whether the application under Section 9 of the Code is barred by limitation.

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