Transfer pricing comparables and adjustments: Tribunal revisits loss-maker status, segmental comparability, working capital relief, and risk allocatio...
Business expenditure disallowance failed where commission, related-party salary and promotion payments were supported by records and inquiry was inade...
Related party status, guarantee claim limits and security-interest restrictions determined the treatment of the appellant's CIRP claim. The tribunal found related party status on the basis of step-down subsidiary control, and treated prior BIFR status as irrelevant. It upheld rejection of the HSBC-related secured claim because the payer/guarantor had no assignable debt. A non-resident could not acquire security in the corporate debtor's immovable property without RBI permission under FERA, so secured-creditor status was denied for that asset class. The admitted guarantee claim was confined to the amount actually paid, and post-facto RBI approval could not enlarge it. Approval of the resolution plan and CoC distribution mechanism was sustained.
Related party status, guarantee claim limits and security-interest restrictions determined the treatment of the appellant's CIRP claim. The tribunal found related party status on the basis of step-down subsidiary control, and treated prior BIFR status as irrelevant. It upheld rejection of the HSBC-related secured claim because the payer/guarantor had no assignable debt. A non-resident could not acquire security in the corporate debtor's immovable property without RBI permission under FERA, so secured-creditor status was denied for that asset class. The admitted guarantee claim was confined to the amount actually paid, and post-facto RBI approval could not enlarge it. Approval of the resolution plan and CoC distribution mechanism was sustained.
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