Between the Lines | NCLAT: Rejects application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 on grounds of collusion between the corporate debtor and the financial creditor

The National Company Law Appellate Tribunal, Principal Bench, New Delhi (“NCLAT”) has in its judgment dated June 30, 2021 (“Judgement”), in the matter of Hytone Merchants Private Limited v. Satabadi Investment Consultants Private Limited [Company Appeal (AT) (Insolvency) No. 258 of 2021], relied on Section 65 of the Insolvency and Bankruptcy Code, 2016 (‘’IBC”), to […]

Between the Lines | Supreme Court: Interest free term loans advanced to a corporate person are not excluded from the purview of a financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016

The Hon’ble Supreme Court (“SC”) has in its judgment dated July 26, 2021, in the matter of Orator Marketing Private Limited v. Samtex Desinz Private Limited [Civil Appeal No. 2231 of 2021] (“Judgement”) held that the definition of financial debt under Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (“IBC”) does not exclude an […]

GST Cafe | Expenses incurred for the management of a VCF fund established as a trust, taxable: Central Excise and Service Tax Appellate Tribunal, Bangalore

The Bangalore Central Excise and Service Tax Appellate Tribunal (“CESTAT”) in the case of ICICI Econet and Internet Technology Fund vs. Commissioner of Central Tax, Bangalore, has ruled for the Venture Capital Funds (“VCF”) which are set-up as trusts that these trusts act as a service provider, thereby suggesting that arrangement between the contributor and the […]