Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party ?
Party name / Appeal No.
Law
---- All Laws---- ❯
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts ?
Select Court or Tribunal
---- All Courts ---- ❯
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal / NCLT & Others
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
Favour Of
---- In Favour Of ---- ❯
  • ---- In Favour Of ----
  • Assessee
  • In favour of Assessee
  • Partly in favour of Assessee
  • Revenue
  • In favour of Revenue
  • Partly in favour of Revenue
  • Appellant / Petitioner
  • In favour of Appellant
  • In favour of Petitioner
  • In favour of Respondent
  • Partly in favour of Appellant
  • Partly in favour of Petitioner
  • Others
  • Neutral (alternate remedy)
  • Neutral (Others)
Landmark ?
Where case is referred in other cases
---- Referred In ---- ❯
  • ---- Referred In ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
Situ ?
State Name or City name of the Court.
Eg: Madhya Pradesh, Orissa, Hyderabad

Use comma for multiple locations.

AY/FY ?
Enter only the year or year range (e.g., 2025, 2025–26, or 2025–2026).
Include ?
Searches for this word in Main (Whole) Text
Exclude ?
This word will not be present in Main (Whole) Text
From Date ?
Date of order
To Date

---------------- For section wise search only -----------------


Statute ?
This filter alone wont work. 1st select a law > statute > section from below filter
---- All Statutes---- ❯
  • ---- All Statutes ----
  • Select the law first, to see the statutes list
Section ?
Select a statute to see the list of sections here
---- All Sections ---- ❯
  • ---- All Sections ----
  • Select the statute first, to see the sections list

TMI Citation
Year ❯
  • Year
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume ❯
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example 2024 (6) TMI 204
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
TMI Citation
    Interim appellate orders in insolvency proceedings: challenge was not entertained, leaving disciplinary suspension issues pending expeditious appellat...
    Limitation for IBC appeals: inordinate delay resulted in dismissal despite COVID-19 extension and condonable-delay considerations.
    CIRP termination granting sought relief cannot itself support a challenge to the termination order.
    Statutory appellate remedy before NCLAT generally bars writ challenges to NCLT orders absent sufficient grounds for bypassing it.
    Belated creditor claims in insolvency raise questions over challenges to approved resolution plans and finality of the resolution process.
    Statutory appellate remedy under the Insolvency Code generally bars writ challenges to National Company Law Tribunal liquidation orders.
    Corporate criminal liability under IBC Section 32A remained unresolved as the special leave petition was dismissed without further reasoning.
    Uncrystallized provident fund interest and damages need not be included in an approved insolvency resolution plan.
    Commercial wisdom in resolution-plan approval prevailed as challenges alleging CIRP irregularities and statutory non-compliance were dismissed by the ...
    Part-performance protection may fail where an unregistered transfer MoU cannot satisfy compulsory registration requirements.
    Appellate tribunal review in insolvency proceedings: no legal or factual error found, leaving the challenged determination undisturbed.
    Secured operational debt status excludes Central Sales Tax dues while recognising secured State tax dues in insolvency distribution
    Statutory charge over VAT dues supports secured operational creditor status only for charge-covered claims in resolution distribution.
    Forensic audit objections in insolvency claims led to dismissal of civil appeals and setting aside of costs.
    Difference of opinion on interim CIRP stay led to reference before NCLAT Chairperson, with no final ruling on maintainability.
    Interim Resolution Professional replacement for pending conveyance and home buyer claim verification where the existing appointee was unavailable
    Section 9 insolvency dispute and acknowledgement of debt: no substantial question of law found, so interference was declined.
    Recall under NCLT Rule 11 is confined to procedural defects, not merits review, and dismissal was upheld.
    NCLT-appointed director's authorisation remained valid despite subsequent DIN activation, defeating the basis for criminal proceedings.
    High Court jurisdiction over pending insolvency tribunal proceedings faces scrutiny, with challenged action and further proceedings stayed.
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Case Laws
Showing Results for :
Reset Filters
Results Found:
AI Text Quick Glance by AI Headnote
Quick Glance (AI)Headnote
Interim appellate orders in insolvency proceedings: challenge was not entertained, leaving disciplinary suspension issues pending expeditious appellate disposal.
Interim insolvency proceedings concern financial creditors in a class seeking to requisition a CoC agenda and the consequences of suspending an insolvency professional's registration on other assignments. A challenge to an NCLAT interim order was not entertained by the Supreme Court, which dismissed the appeal. The appellate proceedings were listed for a future date, with an expectation of expeditious disposal.
Quick Glance (AI)Headnote
Limitation for IBC appeals: inordinate delay resulted in dismissal despite COVID-19 extension and condonable-delay considerations.
Limitation for appeals under the Insolvency and Bankruptcy Code was considered in the context of COVID-19-related extension of limitation and condonable delay. An inordinate delay resulted in dismissal of the civil appeal on the ground of delay, notwithstanding the limitation-extension context.
AI TextQuick Glance (AI)Headnote
CIRP termination granting sought relief cannot itself support a challenge to the termination order.
Termination of the Corporate Insolvency Resolution Process granted the relief sought in relation to that process. As the termination itself resolved the relevant grievance, it did not provide a basis to challenge the NCLAT order before the Supreme Court. The NCLAT order terminating the CIRP was therefore not open to challenge on that stated ground.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy before NCLAT generally bars writ challenges to NCLT orders absent sufficient grounds for bypassing it.
Orders of the National Company Law Tribunal must ordinarily be challenged through the statutory appellate remedy before the National Company Law Appellate Tribunal. Writ jurisdiction should not be invoked against an NCLT order where no sufficient reason exists to bypass that alternative remedy. High Courts should therefore decline to entertain such writ applications, leaving aggrieved parties to pursue the appropriate remedy before the competent forum in accordance with law.
Quick Glance (AI)Headnote
Belated creditor claims in insolvency raise questions over challenges to approved resolution plans and finality of the resolution process.
Belated creditor claims in the corporate insolvency resolution process are examined in the context of a challenge to an approved resolution plan. The subject concerns whether a creditor may pursue a claim after delay once the insolvency resolution process has progressed to approval of the plan, and the resulting effect on the finality of the resolution framework. The material identifies the interaction between late claims, creditor participation, and challenges to approved plans, without setting out the underlying legal reasoning or detailed factual basis.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy under the Insolvency Code generally bars writ challenges to National Company Law Tribunal liquidation orders.
Section 61 of the Insolvency and Bankruptcy Code provides a broadly worded appellate remedy to every person aggrieved by an adjudicating authority's order under Part II of the Code, without limiting the category of appealable orders. Although constitutional jurisdiction under Articles 226 and 227 is not curtailed by statute, judicial discipline requires an aggrieved party to pursue the statutory appeal mechanism before invoking writ jurisdiction. Consequently, a writ petition challenging a National Company Law Tribunal order in liquidation proceedings should not be entertained where the appellate remedy under the Code is available.
Quick Glance (AI)Headnote
Corporate criminal liability under IBC Section 32A remained unresolved as the special leave petition was dismissed without further reasoning.
Section 32A of the Insolvency and Bankruptcy Code was raised in relation to extinguishment of a corporate debtor's criminal liability, the effect of a moratorium under Section 14 on criminal liability, and suspension of sentence where a resolution plan had not been approved. The Supreme Court declined to interfere with the High Court's order and dismissed the special leave petition. No further reasoning or legal principle on the scope of Section 32A or Section 14 is provided.
AI TextQuick Glance (AI)Headnote
Uncrystallized provident fund interest and damages need not be included in an approved insolvency resolution plan.
Unadjudicated interest and damages under provident fund law that remain undetermined and non-final when the corporate insolvency resolution process begins are contingent, uncrystallized liabilities. Although provident fund dues may be excluded from the liquidation estate, a resolution plan need not include such uncrystallized interest and damages. The Committee of Creditors may make a lump-sum provision in its commercial wisdom, but omission does not itself breach the Insolvency and Bankruptcy Code. Resolution applicants are entitled to certainty over assumed liabilities, and a Committee-approved plan may be rejected only on the limited statutory grounds governing plan approval.
Quick Glance (AI)Headnote
Commercial wisdom in resolution-plan approval prevailed as challenges alleging CIRP irregularities and statutory non-compliance were dismissed by the Supreme Court.
Commercial wisdom of the committee of creditors was central to the challenge against approval of a successful resolution applicant's plan. Objections by a dissenting financial creditor and an unsuccessful resolution applicant alleged procedural and substantive irregularities undermining the corporate insolvency resolution process. The text states that NCLAT found no material procedural irregularity or statutory non-compliance in the approved plan. The Supreme Court dismissed the civil appeals and disposed of the related interlocutory applications, leaving the plan approval undisturbed.
Quick Glance (AI)Headnote
Part-performance protection may fail where an unregistered transfer MoU cannot satisfy compulsory registration requirements.
Jurisdiction under the Insolvency and Bankruptcy Code to examine an MoU following substitution of the resolution professional or successful resolution applicant is discussed alongside the limits of part-performance protection. The text notes that an unregistered MoU for transfer for consideration may not attract protection under the Transfer of Property Act because compulsory registration is required. It also addresses directions to surrender possession and pay fair usage charges where the claimed possession rights rest on an unregistered and doubtful agreement.
AI TextQuick Glance (AI)Headnote
Appellate tribunal review in insolvency proceedings: no legal or factual error found, leaving the challenged determination undisturbed.
Insolvency and Bankruptcy Code proceedings concerned a civil appeal challenging an appellate tribunal determination involving a corporate respondent. The Supreme Court order records that, after hearing the parties, no error of law or fact was found in the appellate tribunal's decision. The civil appeal was dismissed, and the connected interlocutory applications were disposed of. The material does not set out the underlying insolvency dispute, statutory provisions, or substantive grounds considered by the appellate tribunal.
Quick Glance (AI)Headnote
Secured operational debt status excludes Central Sales Tax dues while recognising secured State tax dues in insolvency distribution
Central Sales Tax dues are described as excluded from secured operational debt status in insolvency distribution, unlike State tax dues secured under the Gujarat Value Added Tax regime. The text states that the NCLAT recognised the secured status of the relevant State tax dues but did not extend that character to Central Sales Tax liabilities. It further records that the Supreme Court dismissed the civil appeals, finding no error of law or fact in the NCLAT order.
Quick Glance (AI)Headnote
Statutory charge over VAT dues supports secured operational creditor status only for charge-covered claims in resolution distribution.
Statutory charge over VAT dues under the GVAT Act may support secured operational creditor status only for dues covered by that charge. The text states that the NCLAT preserved the approved resolution plan, directing that the consequential distribution adjustment be worked out, and that the Supreme Court found no error of law or fact in that approach. It also identifies waiver of statutory right and estoppel arising from the claim form as issues in the dispute, but provides no further reasoning on those points.
AI TextQuick Glance (AI)Headnote
Forensic audit objections in insolvency claims led to dismissal of civil appeals and setting aside of costs.
Directions were sought for a fresh transaction and forensic audit, together with re-examination of admitted claims, on the ground that certain claims were allegedly bogus and based on sham cash receipts. The Supreme Court record states that the matter concerned abandonment of the forensic audit process and allegations of fabricated claimants. The civil appeals were dismissed, and the costs imposed in the appellate order were set aside. The text reflects a non-adjudicatory discussion of audit-related objections and claim verification in insolvency proceedings, with the reported operative effect being dismissal of the appeals and deletion of costs.
AI TextQuick Glance (AI)Headnote
Difference of opinion on interim CIRP stay led to reference before NCLAT Chairperson, with no final ruling on maintainability.
A difference of opinion between the NCLAT Judicial Member and Technical Member prevented final determination of interim stay in a CIRP matter involving an electricity distribution licensee and issues of IBC primacy over the Electricity Act and an unapproved corporate guarantee. The Judicial Member declined interim relief, while the Technical Member favoured keeping the impugned order in abeyance, so the matter was directed for reference before the Chairperson. The SLP was disposed of with liberty to seek consideration of the reference in accordance with law; no final ruling was given on maintainability or interim stay.
AI TextQuick Glance (AI)Headnote
Interim Resolution Professional replacement for pending conveyance and home buyer claim verification where the existing appointee was unavailable
A new Interim Resolution Professional was appointed to complete the remaining conveyance deed execution and verification of pending home buyer claims, because the existing professional was unavailable for an extended period and could not meet the Court's earlier time-bound directions on registration of the apartments. The Court noted that verification of 71 home buyer claims was still incomplete, making replacement necessary to finish the remaining exercise on behalf of the project company. The new appointee was directed to receive the same remuneration as the earlier professionals.
AI TextQuick Glance (AI)Headnote
Section 9 insolvency dispute and acknowledgement of debt: no substantial question of law found, so interference was declined.
A corporate insolvency note discusses rejection of a Section 9 application on the grounds of alleged pre-existing dispute, acknowledgment of debt, operational debt, moonshine defence, and the Section 10A bar. It records that the NCLAT found no established pre-existing dispute and set aside rejection of the Section 9 application, holding that the operational creditor could obtain admission if the debt was not paid within the time granted. It further notes that the Supreme Court dismissed the appeal, declining interference because no substantial question of law was involved.
Quick Glance (AI)Headnote
Recall under NCLT Rule 11 is confined to procedural defects, not merits review, and dismissal was upheld.
Recall under Rule 11 of the NCLT Rules, 2016 is confined to limited procedural grounds such as procedural error, fraud, lack of service or want of jurisdiction, and is distinct from review on merits. Rule 11 operates as a savings clause to secure the ends of justice and prevent abuse of process, but it does not permit re-examination of the substantive merits of a concluded order. On the text provided, the refusal to recall the order was justified because the application sought merits review rather than a valid recall ground, and the appeal was dismissed.
AI TextQuick Glance (AI)Headnote
NCLT-appointed director's authorisation remained valid despite subsequent DIN activation, defeating the basis for criminal proceedings.
Validity of an authorisation issued by an NCLT-appointed director in oppression and mismanagement proceedings was upheld. The director's appointment flowed from an NCLT order, and subsequent activation of the Director Identification Number was treated as procedural rather than affecting the authorisation's validity. No basis existed to initiate criminal proceedings on that ground. The Supreme Court declined to interfere with the appellate tribunal's final order and dismissed the civil appeal.
AI TextQuick Glance (AI)Headnote
High Court jurisdiction over pending insolvency tribunal proceedings faces scrutiny, with challenged action and further proceedings stayed.
Supreme Court considered whether the High Court could entertain a challenge relating to proceedings pending before the National Company Law Tribunal under the insolvency framework. The jurisdictional objection required consideration, and notice was issued. The impugned order and further proceedings were stayed pending further consideration, suspending the challenged action during the interim period.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2026 (6) TMI 74 - SCH - IBC

Contents
Cases Cited
Summary
Note

Note

-

Bookmark

Print

Print

Recall under NCLT Rule 11 is confined to procedural defects, not merits review, and dismissal was upheld.
Recall under Rule 11 of the NCLT Rules, 2016 is confined to limited procedural grounds such as procedural error, fraud, lack of service or want of ... Summary

Topics

Acts Income Tax