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    August 6, 2026   Case Laws Income Tax
    Reassessment on suspicious transaction reports fails where partner capital withdrawals lack material showing income escapement or bogus entries.
    August 6, 2026   Case Laws Income Tax
    Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
    August 6, 2026   Case Laws Income Tax
    Unauthorised supervisory approval vitiates a survey-based assessment by undermining the Assessing Officer's independent quasi-judicial discretion.
    August 6, 2026   Case Laws Income Tax
    Depreciation option claims with full disclosure and bona fide revision do not establish inaccurate income particulars for penalty.
    August 6, 2026   Case Laws Income Tax
    International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
    August 6, 2026   Case Laws Income Tax
    Asset-based escaped-income satisfaction is mandatory for extended Section 153C jurisdiction; a cash-transaction note alone invalidates the assessment.
    August 6, 2026   Case Laws Income Tax
    Arm's length pricing for corporate guarantees and foreign-currency receivables applies a reduced commission, LIBOR benchmark, and credit period.
    August 6, 2026   Case Laws Income Tax
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    August 6, 2026   Case Laws Income Tax
    Accommodation-entry interest is disallowed, but tax withholding is excluded and unsupported estimated commission additions fail.
    August 6, 2026   Case Laws Income Tax
    Transitional reassessment limitation preserves the old regime's time bar, invalidating notices issued after the applicable period expired.
    August 6, 2026   Case Laws Income Tax
    Deemed annual value of completed unsold developer units must use municipal rateable value, subject to verified purchaser-advance exclusions.
    August 6, 2026   Case Laws Income Tax
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    Transaction value follows the renegotiated price actually paid by an unrelated subsequent importer after the original consignee defaults.
    August 6, 2026   Case Laws Customs
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    August 6, 2026   Case Laws IBC
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    August 6, 2026   Case Laws Money Laundering
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August 6, 2026   Case Laws Income Tax
Reassessment on suspicious transaction reports fails where partner capital withdrawals lack material showing income escapement or bogus entries.
August 6, 2026   Case Laws Income Tax
Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amendment.
August 6, 2026   Case Laws Income Tax
Unauthorised supervisory approval vitiates a survey-based assessment by undermining the Assessing Officer's independent quasi-judicial discretion.
August 6, 2026   Case Laws Income Tax
Depreciation option claims with full disclosure and bona fide revision do not establish inaccurate income particulars for penalty.
August 6, 2026   Case Laws Income Tax
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability governs software service margins.
August 6, 2026   Case Laws Income Tax
Asset-based escaped-income satisfaction is mandatory for extended Section 153C jurisdiction; a cash-transaction note alone invalidates the assessment.
August 6, 2026   Case Laws Income Tax
Arm's length pricing for corporate guarantees and foreign-currency receivables applies a reduced commission, LIBOR benchmark, and credit period.
August 6, 2026   Case Laws Income Tax
Agricultural land character at transfer determines capital-gains treatment despite purchaser obtaining later non-agricultural-use permission.
August 6, 2026   Case Laws Income Tax
Accommodation-entry interest is disallowed, but tax withholding is excluded and unsupported estimated commission additions fail.
August 6, 2026   Case Laws Income Tax
Transitional reassessment limitation preserves the old regime's time bar, invalidating notices issued after the applicable period expired.
August 6, 2026   Case Laws Income Tax
Deemed annual value of completed unsold developer units must use municipal rateable value, subject to verified purchaser-advance exclusions.
August 6, 2026   Case Laws Income Tax
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exemption treatment.
August 6, 2026   Case Laws Benami Property
Benami share attachment upheld on traced funding and control, while unlisted demat shares required release to their rightful owner.
August 6, 2026   Case Laws Customs
Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods.
August 6, 2026   Case Laws Customs
SAFTA certificate of origin benefit survived compelled relinquishment, invalidating reassessment, duty demand, confiscation and penalties for imported ship-breaking material.
August 6, 2026   Case Laws Customs
Social Welfare Surcharge follows aggregate customs duty payable, making it inapplicable where MEIS or SEIS exemptions reduce duty to nil.
August 6, 2026   Case Laws Customs
Transaction value follows the renegotiated price actually paid by an unrelated subsequent importer after the original consignee defaults.
August 6, 2026   Case Laws Customs
Related-party customs valuation requires deductive redetermination where undisclosed funding discounts undermine the declared transaction value.
August 6, 2026   Case Laws IBC
Moratorium asset restoration permits consequential directions to replenish the insolvency estate despite no finding of fraudulent trading.
August 6, 2026   Case Laws Money Laundering
Provisional attachment challenges require clear jurisdictional defects; revenue quantification disputes belong before the statutory PMLA adjudicatory mechanism.

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Home › Highlights › Insolvency and Bankruptcy › 2024 › February, 2024 › This
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Insolvency and Bankruptcy

Initiation of CIRP u/s 7 - classification of Commission on sales...

Sales Commission Not Financial Debt Under IBC, NCLAT Rules; Attempts to Inflate Claim Amounts Criticized.

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Insolvency and Bankruptcy February 22, 2024 Case Laws AT
Initiation of CIRP u/s 7 - classification of Commission on sales - Financial Debt or not - threshold limit - The Adjudicating Authority analyzed the definition of 'financial debt' under Section 5(8) of the IBC and concluded that the commission on sale amount did not qualify as financial debt as it did not meet the criteria of disbursal against the consideration for the time value of money. - The NCLAT held that the Appellant having failed to meet the threshold limit in the earlier Section 7 application has now tried to overcome this impediment by inflating the claim amount by resorting to a calculation methodology which lacks rational basis.
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