Tranzission Blogs
328articlesInsights and guides on tax, compliance, and business strategy from Tranzission.
Decree Holder’s Claim Under IBC
A decree holder is a person in whose favour a decree has been passed or an order capable of execution has been made. Decree Holder’s Claim Under IBC is recognised as a creditor, but their claim does not automatically qualify as a financial or operational debt, creating ambiguity in their status. The IBC imposes a […]
Read moreThe Importance of Training Programs for Insolvency Professionals
The rising complexity of insolvency cases in India, driven by intricate corporate structures and multi–jurisdictional issues, has amplified the need for highly competent and well-trained Insolvency Professionals (IPs) operating under the Insolvency and Bankruptcy Code, 2016 (IBC). As the legal landscape evolves and stakeholders demand greater transparency and swifter resolutions, continuous skill enhancement is crucial […]
Read moreIntra-Class Distinctions Among Homebuyers in Real Estate Insolvency cases
Homebuyers were granted the status of financial creditors under the Insolvency and Bankruptcy Code, 2016 (IBC) following the Supreme Court’s judgement in the Pioneer Urban case, enabling them to initiate corporate insolvency resolution processes (CIRPs), participate in the Committee of Creditors (CoC), and vote on resolution plans. The issue of intra-class distinctions has become significant […]
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Fraudulent Transaction Recoveries under Section 66 of the IBC
Section 66 of the Insolvency and Bankruptcy Code, 2016 (IBC) empowers the Adjudicating Authority, the National Company Law Tribunal (NCLT) to hold individuals liable for contributions to a corporate debtor’s assets if they knowingly participated in fraudulent business activities during the corporate insolvency resolution process (CIRP) or liquidation. The increasing importance of Fraudulent Transaction Recoveries […]
Read moreHow Changes in RBI Guidelines Impact Insolvency
The Reserve Bank of India (RBI) plays a pivotal role in shaping credit discipline, asset classification, and the resolution of stressed assets through its guidelines. Taking for instance, RBI’s Prudential Framework for Resolution of Stressed Assets mandates early identification and reporting of default by classifying accounts into different categories based on overdue periods, within a […]
Read morePost-Resolution Challenges: Monitoring Implementation of an Approved Resolution Plan under the IBC
While approval of a resolution plan signals the formal conclusion of the insolvency process, it does not signify the end of the broader insolvency proceedings. The most significant challenges often emerge in the post-approval phase, focusing on the critical tasks of implementation, vigilant monitoring, regulatory compliance, and ultimately, ensuring the sustainable revival of the corporate […]
Read moreTreatment of Tax Dues under the Insolvency and Bankruptcy Code (IBC) Framework
Tax Dues under the IBC constitute a significant category of claims asserted during insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC). The enactment of the IBC fundamentally altered the landscape for recovery of these dues by prioritizing the efficient resolution and revival of distressed companies. This shift has frequently created tension between […]
Read moreTime Limit on Admissibility of Claims During CIRP: Where to Draw the Line?
One of the objectives of the Insolvency and Bankruptcy Code, 2016 (“the IBC”) is to resolve the insolvency of a corporate debtor within a defined timeline, typically 180 days, extendable by 90 days in exceptional cases. The IBC explains the corporate insolvency resolution process (CIRP), a structured legal mechanism designed to resolve insolvency within the […]
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Challenges Faced by Liquidators in Realizing Assets and Distributing Proceeds
Under the Insolvency and Bankruptcy Code, 2016 (IBC), the liquidator has an important role in realising and distributing a corporate debtor’s assets. While the IBC offers a structured framework for this process, liquidators frequently encounter significant practical, legal and operational hurdles that complicate their mandate. These Challenges Faced by Liquidators, which include issues like disputes […]
Read moreImpact of Tariff Changes on Insolvency Proceedings under the IBC
Tariff Changes on Insolvency is regulated sectors like power, telecom, and infrastructure are critical determinants of a company’s financial viability because they directly impact revenue streams and profitability. These fluctuations in regulated prices significantly influence the valuation of assets, the feasibility of resolution plans proposed during insolvency, and the ultimate recovery prospects for creditors under […]
Read moreNCLAT allows restoration of IBC case despite absence of revival clause in settlement
The Insolvency and Bankruptcy Code, 2016 (“the IBC”) is a comprehensive law in India, enacted to provide a time-bound process for resolving insolvency and bankruptcy, while maximizing the value of assets and ensuring timely recovery for creditors. Section 12A, introduced through the IBC (Second Amendment) Act, 2018, allows for the withdrawal of an insolvency application […]
Read moreFourth amendment to IBBI CIRP Regulations, 2016
Fourth amendment to IBBI notified on May 26, 2025, which came into effect immediately. The key changes aim to increase flexibility, streamline, enhance transparency, add procedural flexibility, and balance stakeholder interests in the resolution process. The authority is derived under clause (t) of sub-section (1) of Section 196 read with Section 240 of the Insolvency […]
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