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    July 24, 2026   Case Laws Customs
    Integral software licences form part of imported hardware value, supporting extended limitation for non-disclosure and undervaluation.
    July 24, 2026   Case Laws Customs
    Transferable DFIA licence exemption survives where alleged exporter irregularities and importer fraud remain unproved, defeating extended limitation.
    July 24, 2026   Case Laws Customs
    Section 108 statements require section 138B compliance, including examination and cross-examination, before supporting export-related penalties.
    July 24, 2026   Case Laws Customs
    Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
    July 24, 2026   Case Laws Customs
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    July 24, 2026   Case Laws Companies Law
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    Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
    July 24, 2026   Case Laws Service Tax
    Transitional CENVAT refund requires timely revised returns and documentary proof that each input-service credit is admissible.
    July 24, 2026   Case Laws Service Tax
    Intermediary-service classification excludes own-account group support services, allowing cost-plus supplies to qualify as exports of services.
    July 24, 2026   Case Laws Service Tax
    Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
    July 24, 2026   Case Laws Indian Laws
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    July 23, 2026   Notifications DGFT
    Import classification alignment updates ITC (HS) entries, conditions and product descriptions with immediate effect under the Finance Act.
    July 23, 2026   Notifications Income Tax
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    July 23, 2026   Notifications Income Tax
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    July 23, 2026   Notifications Income Tax
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    July 23, 2026   Circulars SEZ
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    July 23, 2026   Case Laws GST
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    July 23, 2026   Case Laws GST
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    July 23, 2026   Case Laws GST
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    July 23, 2026   Case Laws GST
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July 24, 2026   Case Laws Customs
Integral software licences form part of imported hardware value, supporting extended limitation for non-disclosure and undervaluation.
July 24, 2026   Case Laws Customs
Transferable DFIA licence exemption survives where alleged exporter irregularities and importer fraud remain unproved, defeating extended limitation.
July 24, 2026   Case Laws Customs
Section 108 statements require section 138B compliance, including examination and cross-examination, before supporting export-related penalties.
July 24, 2026   Case Laws Customs
Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving finality.
July 24, 2026   Case Laws Customs
Sequential customs valuation restricts residual methods, while related-party imports can justify rejecting declared transaction values and combined penalties.
July 24, 2026   Case Laws Companies Law
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness.
July 24, 2026   Case Laws Money Laundering
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and attendance.
July 24, 2026   Case Laws Service Tax
Transitional CENVAT refund requires timely revised returns and documentary proof that each input-service credit is admissible.
July 24, 2026   Case Laws Service Tax
Intermediary-service classification excludes own-account group support services, allowing cost-plus supplies to qualify as exports of services.
July 24, 2026   Case Laws Service Tax
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression determine tax consequences.
July 24, 2026   Case Laws Indian Laws
Vicarious liability for cheque dishonour requires specific allegations linking each director to the company's business and transaction.
July 23, 2026   Notifications DGFT
Import classification alignment updates ITC (HS) entries, conditions and product descriptions with immediate effect under the Finance Act.
July 23, 2026   Notifications Income Tax
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Services Centre funds.
July 23, 2026   Notifications Income Tax
Tax exemption for legal services authority income applies subject to non-commercial activity, return filing, and unchanged income conditions.
July 23, 2026   Notifications Income Tax
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return filing.
July 23, 2026   Circulars SEZ
RFID sealing for SEZ export containers becomes the sole required mechanism, preventing additional sealing demands at gateway ports.
July 23, 2026   Case Laws GST
Assignment of leasehold rights treated as transfer arising from land, with GST held not leviable on the transaction.
July 23, 2026   Case Laws GST
Interest on delayed GST payments cannot be charged after timely Electronic Cash Ledger credit; excess interest refund follows.
July 23, 2026   Case Laws GST
Instalment payment of outstanding GST interest continues until December 2026, subject to automatic withdrawal upon any payment default.
July 23, 2026   Case Laws GST
E-way bill expiry alone cannot justify goods detention when breakdown delays delivery without evidence of tax evasion.

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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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