Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Winding up is not maintainable where the claimed debt is bona fide disputed and the liability depends on unresolved questions of fact. The Court applied this principle to a petition based on unpaid price for supplied goods, noting a serious dispute over the agreed rates, the company's account statement indicating excess payment, and the seller's failure to pursue reconciliation despite a request. As the factual assertions in the reply were not controverted, the dispute was treated as genuine and substantial. The winding up petition was rejected, and both sides were left free to pursue their claims before the appropriate forum.
Winding up is not maintainable where the claimed debt is bona fide disputed and the liability depends on unresolved questions of fact. The Court applied this principle to a petition based on unpaid price for supplied goods, noting a serious dispute over the agreed rates, the company's account statement indicating excess payment, and the seller's failure to pursue reconciliation despite a request. As the factual assertions in the reply were not controverted, the dispute was treated as genuine and substantial. The winding up petition was rejected, and both sides were left free to pursue their claims before the appropriate forum.
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