Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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Insolvency and BankruptcyJanuary 31, 2024Case LawsAT
Initiation of CIRP - Date of default - Existence of restructuring proposals - NCLT admitted the application u/s 7 - The Tribunal found that the restructuring proposals dated 21.02.2020 and 29.09.2020 were not binding as they were not effectively implemented due to non-fulfillment of pre-implementation conditions by the Corporate Debtor. - It was also held that unilateral conditions imposed by the Appellant in their payments could not be construed as a revival or extension of the restructuring approvals.
Initiation of CIRP - Date of default - Existence of restructuring proposals - NCLT admitted the application u/s 7 - The Tribunal found that the restructuring proposals dated 21.02.2020 and 29.09.2020 were not binding as they were not effectively implemented due to non-fulfillment of pre-implementation conditions by the Corporate Debtor. - It was also held that unilateral conditions imposed by the Appellant in their payments could not be construed as a revival or extension of the restructuring approvals.
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