Transfer-pricing aggregation of distinct support-service and subcontract transactions was rejected, while debt-free receivables attracted no notional ...
Customs exemptions cover photovoltaic assembly machinery and PVF backsheets, while fully declared cleared imports may avoid confiscation and penalties...
Specific tariff classification for LCD devices overrides treatment as electricity-meter parts, defeating differential duty, extended limitation, and p...
Stayed disciplinary punishment does not establish unfitness for insolvency professional registration; reconsideration must disregard mere pendency of ...
Indirect corporate control can create related-party status, excluding financial creditors from Committee of Creditors representation, participation an...
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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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