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IBC Resolution Plan Overrides Tax Revision Powers under Section 263 of Income Tax Act
Gujarat High Court ruled that approval of an IBC resolution plan extinguishes all pre-existing tax liabilities, overriding the Income Tax Department’s powers under Section 263.
Aug 303 min read


Delhi High Court Stays IBBI Disciplinary Action Against Insolvency Professional Citing Bias and Procedural Lapse
Delhi High Court stayed IBBI’s disciplinary order against an insolvency professional, holding that violation of natural justice and possible bias warranted judicial intervention at this stage.
Aug 303 min read


Arbitration Clause in Tax Invoices Amounts to Valid Arbitration Agreement, Rules Bombay High Court
Bombay High Court ruled that an arbitration clause in tax invoices accepted without objection qualifies as a valid arbitration agreement under Section 7, allowing reference to arbitration under Section 11.
Aug 303 min read


NCLAT Affirms Maintainability of Section 95 Application Against Personal Guarantor Without Pending CIRP
NCLAT clarified that an application under Section 95 of the IBC against a personal guarantor is maintainable even when no CIRP or liquidation proceedings are pending against the corporate debtor.
Aug 293 min read


NCLAT Sets Aside Section 9 Admission, Holds Pre-Existing Dispute Established Through Email Correspondence and Unreconciled Accounts
NCLAT clarified that a Section 9 IBC application cannot be admitted when email correspondence and unresolved account reconciliation indicate a pre-existing dispute between the parties.
Aug 293 min read
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