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    July 23, 2026   Case Laws GST
    Financial incapacity may support a waiver request for mandatory pre-deposit before the appellate authority in exceptional circumstances.
    July 23, 2026   Case Laws GST
    Natural justice requires a further opportunity to substantiate disputed input tax credit transactions before final demand determination.
    July 23, 2026   Case Laws GST
    Properly addressed show cause notice is essential for GST adjudication; orders based on notice to another entity were quashed.
    July 23, 2026   Case Laws GST
    De novo GST adjudication granted subject to conditional pre-deposit, substantiated reply, and compliance with fresh-hearing requirements.
    July 23, 2026   Case Laws Income Tax
    Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
    July 23, 2026   Case Laws Income Tax
    Statutory bar on probation invalidates release of a person convicted for making a false income-tax return statement.
    July 23, 2026   Case Laws Income Tax
    Ten-year reassessment limitation includes the search assessment year in search cases, rendering notices beyond the period time-barred.
    July 23, 2026   Case Laws Income Tax
    Reasonable cause for inadvertent Form 3CD omissions can prevent penalty where software error and no mala fide intent are shown.
    July 23, 2026   Case Laws Income Tax
    Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
    July 23, 2026   Case Laws Income Tax
    Redeveloped flat holding period follows original ownership rights, supporting long-term capital gains, indexed cost and residential-house exemption.
    July 23, 2026   Case Laws Income Tax
    Dependent agent permanent establishment attribution was deleted, while unexamined refund interest required fresh consideration after adequate hearing.
    July 23, 2026   Case Laws Income Tax
    Profit embedded in unaccounted business receipts was taxed at a 1% gross-profit rate; unsupported salary and asset additions failed.
    July 23, 2026   Case Laws Income Tax
    Effective opportunity to explain foreign bank credits required remand for fresh appellate consideration with supporting evidence.
    July 23, 2026   Case Laws Income Tax
    Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
    July 23, 2026   Case Laws Income Tax
    Related-party interest deductions require excess over fair market value, while unsupported software and brokerage claims remain disallowable.
    July 23, 2026   Case Laws Income Tax
    Scope of reassessment restricts unrelated additions when the recorded escapement issue is accepted without any addition.
    July 23, 2026   Case Laws Income Tax
    Capital-gains exemption for under-construction flats remains available despite developer delay and may be admitted despite return-form omission.
    July 23, 2026   Case Laws Income Tax
    Holding period of flat allotment rights runs from reservation, supporting long-term capital gain and indexation on surrender.
    July 23, 2026   Case Laws Income Tax
    Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
    July 23, 2026   Case Laws Income Tax
    Bona fide property-sale receipts supported by records may avoid cash-transaction penalties where genuineness and identity are established.
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July 23, 2026   Case Laws GST
Financial incapacity may support a waiver request for mandatory pre-deposit before the appellate authority in exceptional circumstances.
July 23, 2026   Case Laws GST
Natural justice requires a further opportunity to substantiate disputed input tax credit transactions before final demand determination.
July 23, 2026   Case Laws GST
Properly addressed show cause notice is essential for GST adjudication; orders based on notice to another entity were quashed.
July 23, 2026   Case Laws GST
De novo GST adjudication granted subject to conditional pre-deposit, substantiated reply, and compliance with fresh-hearing requirements.
July 23, 2026   Case Laws Income Tax
Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a clean slate.
July 23, 2026   Case Laws Income Tax
Statutory bar on probation invalidates release of a person convicted for making a false income-tax return statement.
July 23, 2026   Case Laws Income Tax
Ten-year reassessment limitation includes the search assessment year in search cases, rendering notices beyond the period time-barred.
July 23, 2026   Case Laws Income Tax
Reasonable cause for inadvertent Form 3CD omissions can prevent penalty where software error and no mala fide intent are shown.
July 23, 2026   Case Laws Income Tax
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years.
July 23, 2026   Case Laws Income Tax
Redeveloped flat holding period follows original ownership rights, supporting long-term capital gains, indexed cost and residential-house exemption.
July 23, 2026   Case Laws Income Tax
Dependent agent permanent establishment attribution was deleted, while unexamined refund interest required fresh consideration after adequate hearing.
July 23, 2026   Case Laws Income Tax
Profit embedded in unaccounted business receipts was taxed at a 1% gross-profit rate; unsupported salary and asset additions failed.
July 23, 2026   Case Laws Income Tax
Effective opportunity to explain foreign bank credits required remand for fresh appellate consideration with supporting evidence.
July 23, 2026   Case Laws Income Tax
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded.
July 23, 2026   Case Laws Income Tax
Related-party interest deductions require excess over fair market value, while unsupported software and brokerage claims remain disallowable.
July 23, 2026   Case Laws Income Tax
Scope of reassessment restricts unrelated additions when the recorded escapement issue is accepted without any addition.
July 23, 2026   Case Laws Income Tax
Capital-gains exemption for under-construction flats remains available despite developer delay and may be admitted despite return-form omission.
July 23, 2026   Case Laws Income Tax
Holding period of flat allotment rights runs from reservation, supporting long-term capital gain and indexation on surrender.
July 23, 2026   Case Laws Income Tax
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act additions.
July 23, 2026   Case Laws Income Tax
Bona fide property-sale receipts supported by records may avoid cash-transaction penalties where genuineness and identity are established.

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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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Acts Income Tax
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