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.

February 22, 2024

Case Laws Insolvency and Bankruptcy 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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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.

February 22, 2024

Case Laws Insolvency and Bankruptcy AT

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