Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Insolvency and BankruptcyMarch 23, 2024Case LawsAT
Dismissal of Section 9 petition - initiation of CIRP - Dues of employees - The NCLAT examined the employment tenure of the appellant and found evidence supporting continuous employment with the corporate debtor until resignation. It rejected the respondent's argument regarding employment with another entity. - NCLAT found that the respondent had disputed the appellant's claims prior to the section 9 application, indicating a pre-existing dispute. Thus, the court deemed the application inadmissible based on the principles established in the Mobilox judgment.
Dismissal of Section 9 petition - initiation of CIRP - Dues of employees - The NCLAT examined the employment tenure of the appellant and found evidence supporting continuous employment with the corporate debtor until resignation. It rejected the respondent's argument regarding employment with another entity. - NCLAT found that the respondent had disputed the appellant's claims prior to the section 9 application, indicating a pre-existing dispute. Thus, the court deemed the application inadmissible based on the principles established in the Mobilox judgment.
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