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Govt plans to extend suspension of Insolvency and Bankruptcy Code till March: Sitharaman

23 Dec 2020 Evaluate

Finance Minister Nirmala Sitharaman has said that the government is planning to extend the suspension of the Insolvency and Bankruptcy Code (IBC) till March 31, 2021 to help businesses cope with major stress posed by the Covid-19 pandemic. She said the government has taken several measures, including deferment of tax payment date, to help businesses and people. She also said not only the compliance but even the payments for the taxation related payment which companies have to do were all postponed so that nobody is put to difficulty.

Sitharaman has stated that as part of the 'Aatmanirbhar Bharat' package, the government raised the minimum threshold to initiate insolvency proceedings to Rs 1 crore from Rs 1 lakh, which largely insulated micro, small and medium enterprises (MSMEs) from bankruptcy on defaulting on loans. She said ‘gradually even the suspension of the IBC (Insolvency and Bankruptcy Code)... further from December 25, I think...it can be up to March 31, 2021. So the entire year IBC has been suspended, rightfully so because every industry has gone through major stress because of the pandemic. And nobody could be drawn towards insolvency process which may have occurred during the pandemic’.

The minister further said an ordinance was promulgated in June for suspension of fresh insolvency proceedings and the same came into effect from March 25 -- the day when the nationwide lockdown had come into effect. She said a bill to replace the ordinance that had amended the IBC was cleared by Parliament in September. She noted that the corporate affairs ministry, which is implementing the IBC, has suspended Sections 7, 9 and 10 to provide relief to companies reeling under the impact of the pandemic. She added that Sections 7, 9 and 10 deals with initiation of corporate insolvency resolution process by a financial creditor, operational creditor and corporate debtor, respectively.

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