ibc

  • bankruptcy

SC lays down tests to determine if a debt is financial debt or operational under IBC

Supreme Court lays down tests to determine whether a debt is a financial debt or an operational debt under IBC…

1 week ago
  • bankruptcy

Special Court presided by a Sessions /Addl. Sessions Judge have jurisdiction under IBC 2016

Special Court presided by a Sessions Judge or an Additional Sessions Judge will have jurisdiction to try the complaint under…

2 weeks ago
  • bankruptcy

Provisions of moratorium under IBC 2016 not to apply under Cape Town Convention & Protocol

Provisions of moratorium under IBC 2016  not to apply to transactions, arrangements or agreements relating to aircraft, aircraft engines, airframes…

7 months ago
  • Income Tax

IBC has overriding affect on all the acts including Income Tax Act as provided u/s 178(6)

IBC has overriding affect on all the acts including Income Tax Act as specifically provided u/s 178(6) ABCAUS Case Law…

1 year ago
  • bankruptcy

Challenged to IBC by a CA refused by Supreme Court for want of locus and bonafide.

Challenged to IBC by a Chartered Accountant refused by Supreme Court for want of locus and bonafide. ABCAUS Case Law…

1 year ago
  • Income Tax

Income Tax appeals cannot be proceeded with during the proceedings under IBC

Income Tax appeals cannot be proceeded with during the continuance of the proceedings under IBC ABCAUS Case Law CitationABCAUS 3611…

2 years ago
  • bankruptcy

Definition of secured creditor in IBC does not exclude Government or Govt. Authority – SC

Definition of secured creditor in IBC does not exclude Government or Governmental Authority – Supreme Court ABCAUS Case Law CitationABCAUS…

2 years ago
  • bankruptcy

NCLAT or NCLT cannot sit in an appeal over the commercial wisdom of CoC– Supreme Court 

NCLAT or NCLT cannot sit in an appeal over the commercial wisdom of Committee of Creditors – Supreme Court  ABCAUS…

2 years ago
  • bankruptcy

If part amount of auctioned property received by bank after CIRP started, sale incomplete – SC  

Since part amount of the auctioned property was received by bank after start of CIRP, and order of moratorium, the…

2 years ago
  • bankruptcy

IBBI prescribes guidelines for preservation of records by Insolvency Professional

IBBI prescribes guidelines for preservation of records by Insolvency Professional. Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for…

2 years ago