Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-rep...
Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Insolvency and BankruptcyApril 10, 2024Case LawsAT
CIRP - Rejection of Section 9 Application on the ground of pre-existing dispute - The dispute stemmed from services provided by the Operational Creditor to the Corporate Debtor, for which invoices were raised. However, the Corporate Debtor disputed the claims, citing demurrages imposed by the Principal Contractor. The Corporate Debtor consistently denied the claims made by the Operational Creditor, and this dispute was communicated to the Operational Creditor before the issuance of the Demand Notice under the Code. The Appellate Tribunal upheld the decision of the Adjudicating Authority, emphasizing that the materials on record clearly indicated the existence of a pre-existing dispute.
CIRP - Rejection of Section 9 Application on the ground of pre-existing dispute - The dispute stemmed from services provided by the Operational Creditor to the Corporate Debtor, for which invoices were raised. However, the Corporate Debtor disputed the claims, citing demurrages imposed by the Principal Contractor. The Corporate Debtor consistently denied the claims made by the Operational Creditor, and this dispute was communicated to the Operational Creditor before the issuance of the Demand Notice under the Code. The Appellate Tribunal upheld the decision of the Adjudicating Authority, emphasizing that the materials on record clearly indicated the existence of a pre-existing dispute.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
