Section 33 of IBC bars institution of new suits during ...

Section 33 IBC: Unlawful Income Tax Refund Adjustment Violates Stakeholder Rights During Liquidation; Case Remanded for Set-Off Determination.

July 15, 2024

Case Laws Insolvency and Bankruptcy AT

Section 33 of IBC bars institution of new suits during liquidation process, but allows continuation of pending suits/proceedings, unlike Section 14 which prohibits both. Respondent unlawfully adjusted ITR amount against pre-CIRP tax dues without filing claim before Liquidator, despite public announcement. ITR amount was part of liquidation estate, and adjustment violated rights of other stakeholders. Matter remanded to examine quantum of set-off allowed against Respondent's claim entitlement in liquidation proceedings.

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Section 33 of IBC bars institution of new suits during ...

Section 33 IBC: Unlawful Income Tax Refund Adjustment Violates Stakeholder Rights During Liquidation; Case Remanded for Set-Off Determination.

July 15, 2024

Case Laws Insolvency and Bankruptcy AT

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