Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
Section 94 personal insolvency applications by personal guarantors are subject to limitation; an application based on a guarantee invoked in 2016 was treated as time-barred. Where admitted facts and applicable law establish non-maintainability, the Adjudicating Authority may reject a debtor-initiated Section 94 application at the threshold without appointing a Resolution Professional. Observations on Resolution Professional appointment in creditor-initiated Section 95 proceedings do not govern such debtor-initiated applications. Timing and surrounding circumstances also bear on bona fide invocation: filing after a recovery auction has concluded and third-party rights have started arising may show an attempt to obstruct recovery rather than seek insolvency resolution. The rejection of the application was affirmed and the appeal dismissed.
Section 94 personal insolvency applications by personal guarantors are subject to limitation; an application based on a guarantee invoked in 2016 was treated as time-barred. Where admitted facts and applicable law establish non-maintainability, the Adjudicating Authority may reject a debtor-initiated Section 94 application at the threshold without appointing a Resolution Professional. Observations on Resolution Professional appointment in creditor-initiated Section 95 proceedings do not govern such debtor-initiated applications. Timing and surrounding circumstances also bear on bona fide invocation: filing after a recovery auction has concluded and third-party rights have started arising may show an attempt to obstruct recovery rather than seek insolvency resolution. The rejection of the application was affirmed and the appeal dismissed.
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