Tranzission Blogs
328articlesInsights and guides on tax, compliance, and business strategy from Tranzission.
Record Maintenance and Reporting Standards in CIRP
Record retention and Reporting Standards in CIRP (corporate insolvency resolution process ) to ensure transparency, accountability, and facilitate the resolution of disputes. It provides a comprehensive record of the CIRP, including the interim resolution professional’s (IRP) or resolution professional’s (RP) actions, creditor information, and other relevant documents. This important documentation is essential for audits, litigation, […]
Read moreCross-claims and Set-offs in the insolvency process
Set off is a right that allows a debtor to reduce or discharge a debt they owe to another party by offsetting a debt that the other party owes to them. In simpler terms, it is a mutual cancellation of debts. The Code of Civil Procedure recognises legal and equitable Set-offs in the insolvency process […]
Read moreThe Role of Parliament in Refining IBC Framework
The Parliament in Refining IBC, the main law governing insolvency and bankruptcy proceedings in India, in 2016. This means that the Parliament is the body that created the legal framework for the IBC. It was passed to address inefficiencies in existing laws and objectives of time-bound resolution, asset value maximization, and entrepreneurship promotion. The IBC […]
Read moreComparative Analysis of IBC and Insolvency Law UK
Explore a detailed analysis of IBC and Insolvency Law UK, comparing key provisions, legal procedures, and their impact on debt resolution and corporate restructuring. India’s Insolvency Framework: It was enacted in India to consolidate and streamline the existing framework for handling insolvency and bankruptcy proceedings. The IBC replaced several previously fragmented laws and introduced a […]
Read moreAssessment of Social Impact in Insolvency Cases
Social Impact in Insolvency Cases is a process of evaluating and managing the social consequences of a company’s insolvency or bankruptcy. It helps understand the ripple effects on employees, families, communities, and other stakeholders. Thus, it ensures a more comprehensive approach to insolvency resolution. In insolvency cases, SIA helps to ensure that the resolution process […]
Read moreNCLT Journey from Admission to Withdrawal under IBC
To facilitate settlements and allow for the withdrawal of insolvency applications, even after they have been admitted, was introduced by the Insolvency and Bankruptcy (Second Amendment) Act, 2018. Under the Insolvency and Bankruptcy Code, 2016 (“the IBC”), admission to withdrawal is governed by Section 12A. The primary reason for this amendment was to address a […]
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Resolving the Conundrum Surrounding Applicability of Moratorium
The primary objective of the Insolvency and Bankruptcy Code, 2016 (“the IBC”) is to resolve the financial issues of the corporate debtor in a timely manner so as to maximise the value of its assets. To do so, once the insolvency process is initiated under the IBC, a “ Applicability of Moratorium” is declared under […]
Read moreScrutinizing the Status of Settlement Agreements Under the IBC
Settlement Agreements Under the IBC are generally recognised and enforceable. Breaching a settlement agreement can have consequences, and the specific remedies available depend on whether the breach occurred before or after the initiation of the corporate insolvency resolution process (CIRP). This article looks into the status of settlement agreements under the IBC in detail. Legal […]
Read moreNCLAT Verdict Interplay Between Arbitration and Insolvency
The National Company Law Appellate Tribunal (NCLAT), Chennai Bench in KK Ropeways Limited v. Billion Smiles Hospitality has significant implications for the Interplay Between Arbitration and Insolvency. The central question addressed by the NCLAT was whether a petition filed under section 9 of the Insolvency and Bankruptcy Code, 2016 (“the IBC”) for the implementation of […]
Read moreSupreme Court Rulings on Insolvency Cases
Competition law and insolvency law are intertwined. Competition law ensures fair market practices during insolvency proceedings, preventing anti-competitive outcomes. Insolvency law prioritises reviving financially distressed companies, while competition law aims to prevent market distortions. This involves scrutinizing resolution plans to ensure they do not lead to anticompetitive arrangements, such as debt settlements or joint ventures, […]
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Preserving the IBC’s rationale: The Tussle with the Benami Act
Bankruptcy Code, 2016 (“the IBC”) are distinct laws that can intersect in situations involving benami property transactions within the context of insolvency proceedings. While there is no inherent conflict, the IBC’s moratorium provisions can potentially impact such attachments made under the Tussle with the Benami Act, and the liquidator has the authority to include benami […]
Read moreIBC Overrides Electricity Act: Capturing the Fallacy in Rainbow Papers
On 17th July, 2023, the Hon’ble Supreme Court delivered its judgment in Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Pvt. Ltd., establishing that the Insolvency and Bankruptcy Code, 2016 (“the IBC”) takes precedence over the Electricity Act, 2003 (“the Electricity Act”). This means that secured creditors, including those with claims under the IBC Overrides […]
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