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    July 20, 2026   Case Laws Customs
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July 20, 2026   Case Laws Customs
Binding detention-cum-waiver certificates require compliance, supporting conditional interim release of perishable imported goods despite detention charges.
July 20, 2026   Case Laws Customs
Food-safety sampling requires FSSAI authorisation, while Customs retains separate powers for revenue, classification and import-compliance purposes.
July 20, 2026   Case Laws Customs
Restoration jurisdiction permits rehearing after default but cannot decide maintainability or replace the earlier dismissal order.
July 20, 2026   Case Laws SEBI
Mandatory pre-cognizance hearing under BNSS applies to SEBI complaints where the special statute provides no inconsistent procedure.
July 20, 2026   Case Laws IBC
Clean slate principle extinguishes uncrystallised operational claims and bars continuation of pending recovery and arbitral proceedings after plan approval.
July 20, 2026   Case Laws IBC
CIRP challenges require timely statutory objections, compliant resolution plans, and cannot replace the CoC's commercial valuation assessment.
July 20, 2026   Case Laws Service Tax
Suppression of taxable service receipts justified extended limitation and penalty where mandatory returns and records were not furnished.
July 20, 2026   Case Laws Service Tax
Works contract classification governs composite layout-development contracts where VAT-paid goods are transferred alongside construction and infrastructure services.
July 20, 2026   Case Laws VAT / Sales Tax
High-seas sale proof and conditional exemption compliance determined taxability of imported cars and restoration of tax liability.
July 18, 2026   Case Laws Money Laundering
PMLA twin bail conditions remained unsatisfied as alleged fund diversion, flight risk, and imminent trial defeated regular bail.
July 18, 2026   Notifications Income Tax
Specified income tax exemption for pollution control body remains conditional on non-commercial activity, unchanged income character, and return filing.
July 18, 2026   Notifications Income Tax
Principal purpose test curbs treaty shopping under the amended India-Sri Lanka income tax treaty from fiscal year 2027-28.
July 18, 2026   Notifications Income Tax
Tax exemption for statutory pollution-control income applies subject to non-commercial operations, filing, continuity, and compliance.
July 18, 2026   Circulars SEBI
Standing instructions for demat mutual fund SWP and STP will enable phased unit-based and amount-based automated transactions.
July 18, 2026   Case Laws GST
Typographical e-way bill discrepancies without tax evasion warrant only minor penalty, not detention proceedings under Section 129.
July 18, 2026   Case Laws GST
Show cause notice and hearing are mandatory before penalty, making an unnotified penalty unsustainable for natural justice breach.
July 18, 2026   Case Laws GST
Duplicate input tax credit demands cannot target identical supplier transactions, while proceedings concerning distinct suppliers remain available.
July 18, 2026   Case Laws GST
Jurisdictional facts in certificate-of-origin discrepancies can support customs show-cause proceedings, leaving factual explanations for departmental adjudication.
July 18, 2026   Case Laws GST
Specific grounds in GST cancellation notices are essential; cancellation based on an unnotified ground was quashed and registration restored.
July 18, 2026   Case Laws GST
Statutory appellate remedy for GST registration cancellation limits writ jurisdiction despite an unconsidered revocation representation.

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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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