Tag: ibc

NCLAT do not have power to condone the delay beyond the prescribed and condonable period under the IBC – Supreme Court In a recent judgment, Hon’ble Supreme Court held that under IBC 2016 once the prescribed and condonable periods (i.e., 30 + 15 days grace) expire, the NCLAT …

Director was not guilty of offence u/s 138 of NI Act in view of initiation of insolvency proceedings and moratorium order – Supreme Court In a recent judgment, the Hon’ble Supreme Court quashed the complaint case under Section 138 of Negotiable Instruments Act, 1881 against the director for …

High Court incorrectly exercised writ jurisdiction to preclude statutory mechanism and procedure under IBC from taking its course –Supreme Court In a recent judgment, the Hon’ble Supreme Court set aside the order of the High Court and held that it incorrectly exercised writ jurisdiction as it precluded the …

IBBI extends time for filing Forms to monitor liquidation and voluntary liquidation processes under the Insolvency and Bankruptcy Code, 2016 Insolvency and Bankruptcy Board of India7th Floor, Mayur Bhawan, Connaught Place, New Delhi-110001 Circular  No. IBBI/LIQ/80/2024     09th January, 2025 To  All Registered Insolvency Professionals  All Recognised Insolvency Professional …

Generation of Valuation Report Identification Number for valuation conducted by Register Valuer under Insolvency and Bankruptcy Code, 2016. IBBI has mandated generation of a unique Valuation Report Identification Number (VRIN) to be mentioned on the front page of the valuation reports issued under the provisions of Insolvency and …

NCLT could have decided fee and expenses of RP only on basis of material before it In a recent judgment, NCLAT held that NCLT could have decided fee and expenses of Resolution Professional to be paid by Financial Creditor only on the basis of material before it. ABCAUS …

Payment by corporate guarantor does not extinguish liability of corporate debtor to pay the entire amount payable – SC In a recent judgment, the Hon’ble Supreme Court has held that payment by corporate guarantor does not extinguish liability of corporate debtor to pay the entire amount payable. A …

Once Resolution Plan is approved by COC, it is binding on all stakeholders. High Court quashed Assessment order and penalty notice In a recent judgment, Hon’ble Delhi High Court has quashed assessment order holding that once Resolution Plan is approved by COC, it is binding on all stakeholders. …

High Court directed refund of self assessment tax paid due to insolvency commencement and operation of moratorium under IBC In a recent judgment, the Hon’ble Orissa High Court has directed Income Tax Department to refund the amount of self assessment tax paid due to commencement of insolvency and …

Supreme Court lays down tests to determine whether a debt is a financial debt or an operational debt under IBC In a recent judgment the Hon’ble Supreme Court has laid down tests to determine whether a debt is a financial debt or an operational debt under IBC ABCAUS …