Section that Section 270 of the
Companies Act does not restrict applicability of Section 279 of the Companies
Act to liquidation under the IBC. Section ... inconsistency between Section 33(5) of the
IBC and Section 279 of the Companies Act. Therefore, Section 238 of the
Code cannot be pressed into
that case , the Supreme Court,
while dealing with Section 238 of the IBC, held that IBC will over-ride anything
inconsistent contained in any other ... that
Section 201 (1-A)(3) of the Income Tax Act does not refer to either Section 14 or
Section 238 of the IBC. Referring
will also be relevant to refer to Section 238 of the
IBC:
“ Section 238. Provisions of this Code to override other laws.
—The provisions ... provisions of IBC not the Insolvency Act . The IBC being a later enactment
contains a specific Provision in Section 238, which provides that the
Provisions
isolation but must be
read along with Section 88 of the Finance Act and Section 238 of IBC
which reads as under:
Section ... Insolvency and Bankruptcy Code, 2016” employed in Section 88 of the
Finance Act, 1994. Section 238 of IBC contains an non-obstante clause
thereby giving
larger Bench.
14.A conjoint reading of Section 31(1) and Section 238 of IBC, it is clear
there can be no two opinions ... case,
considering the waterfall arrangement envisaged under Section 53 of IPC and
Section 238 of IBC, which provides primacy to the provisions of IBC over
case and the Essar Steel case and placing reliance
on Sec.238 of the IBC which has granted supremacy to the provisions of the
IBC ... mechanism
provided under Sec.53. It also held that at any rate in terms of
Sec.238, the provisions of IBC will prevail over
case and the Essar Steel case and placing
reliance on Sec.238 of the IBC which has granted supremacy to the
provisions of the IBC ... provided under Sec.53. It also held that at any rate in terms of
Sec.238, the provisions of IBC will prevail over the Electricity
case and the Essar Steel case and placing reliance
on Sec.238 of the IBC which has granted supremacy to the provisions of the
IBC ... mechanism
provided under Sec.53. It also held that at any rate in terms of
Sec.238, the provisions of IBC will prevail over
cannot override
the order of the NCLT in view of Section 238 of the IBC. The provisions
of IBC will override even if there ... Supreme Court of India held that in view of Section 238 of the
IBC, such consultation was unnecessary and held that the provisions
petitioner as willful defaulter, without taking into consideration that Section
14 of IBC is operational as per the order of NCLT. It prohibits initiation ... willful defaulter that too
during the moratorium period. Section 238 of IBC has an overriding effect
on other laws and as such the respondent
