Navigating Tax Complexity: Assessing the Transformative Impact of the Insolvency and Bankruptcy Code on Indian Tax Laws

  • Harshitha Ulphas
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  • Harshitha Ulphas

    LL.M. student at NALSAR & IICA, India

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Abstract

This essay explores the intricate intersection of the Insolvency and Bankruptcy Code (IBC) in India with tax laws, emphasizing the evolving legal landscape. Focused on government dues prioritization, post-IBC tax law changes, and the challenging interplay between GST and IBC, the essay delves into crucial judgments and implications for businesses and creditors. Examining tax liabilities during the Corporate Insolvency Resolution Process (CIRP), it addresses challenges, judicial interventions, and nuances surrounding tax recovery through a corporate debtor’s property. The article offers recommendations for policymakers and practitioners to enhance the efficiency of the insolvency framework, advocating for harmonization, clarity in GST provisions, reforms, capacity building, adoption of best practices, and timely judicial intervention. As the legal scenarios continue to unfold, collaboration between stakeholders remains crucial for fostering economic revitalization and ensuring the resilience of the corporate sector.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 445 - 454

DOI: https://doij.org/10.10000/IJLMH.116741

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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