<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2020 (10) TMI 114 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCH</title>
    <link>https://www.taxtmi.com/caselaws?id=399140</link>
    <description>A claimed advance arising from ongoing customer-supplier transactions was not treated as a financial debt under the Insolvency and Bankruptcy Code because there was no loan documentation, no separate accounting as an unsecured loan, and no material showing disbursal against consideration for the time value of money. The transaction was found to reflect commercial supply dealings rather than borrowing, so the essential ingredients of section 5(8) were not proved. On that basis, the section 7 insolvency application was held not maintainable and was rejected.</description>
    <language>en-us</language>
    <pubDate>Tue, 28 Jul 2020 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 05 Oct 2020 07:12:30 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=624053" rel="self" type="application/rss+xml"/>
    <item>
      <title>2020 (10) TMI 114 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCH</title>
      <link>https://www.taxtmi.com/caselaws?id=399140</link>
      <description>A claimed advance arising from ongoing customer-supplier transactions was not treated as a financial debt under the Insolvency and Bankruptcy Code because there was no loan documentation, no separate accounting as an unsecured loan, and no material showing disbursal against consideration for the time value of money. The transaction was found to reflect commercial supply dealings rather than borrowing, so the essential ingredients of section 5(8) were not proved. On that basis, the section 7 insolvency application was held not maintainable and was rejected.</description>
      <category>Case-Laws</category>
      <law>Insolvency and Bankruptcy</law>
      <pubDate>Tue, 28 Jul 2020 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=399140</guid>
    </item>
  </channel>
</rss>