Transfer-pricing comparability permits fresh objections and filters where software service comparables are functionally unsuitable for arm's-length pr...
Territorial rendering requirement excludes China-based management and consultancy services from fees for technical services under the India-China DTAA...
FEMA borrowing restrictions bind charitable trusts, and civil penalties apply without proving intent for delayed repayment of non-resident rupee loans...
Fraudulent portrayal of debt, a jurisdictional fact for commencing CIRP, can justify recall of admission and dismissal of a collusive Section 9 application because fraud and collusion undermine the foundation of jurisdiction. Once admitted, however, CIRP becomes a collective in rem process in which creditors acquire statutory interests; misconduct by the original applicant does not automatically require termination. The original applicant must be excluded, while the Adjudicating Authority assesses, after hearing the resolution professional, Committee of Creditors and stakeholders, whether continuation serves statutory objectives with integrity and transparency. Termination was set aside and CIRP restored for that determination.
Fraudulent portrayal of debt, a jurisdictional fact for commencing CIRP, can justify recall of admission and dismissal of a collusive Section 9 application because fraud and collusion undermine the foundation of jurisdiction. Once admitted, however, CIRP becomes a collective in rem process in which creditors acquire statutory interests; misconduct by the original applicant does not automatically require termination. The original applicant must be excluded, while the Adjudicating Authority assesses, after hearing the resolution professional, Committee of Creditors and stakeholders, whether continuation serves statutory objectives with integrity and transparency. Termination was set aside and CIRP restored for that determination.
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TaxTMI 
TaxTMI 
of 4881 
