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...
Insolvency and BankruptcyApril 15, 2024Case LawsTri
Scope of the Report of IRP - IRP was appointed on application under Section 94(1) - After appointing an Interim Resolution Professional (IRP) and receiving a report recommending acceptance of the petition, various applications were filed by the Financial Creditor challenging the application's legitimacy. The Debtor contested these objections, asserting the validity of the IRP's report. The Tribunal scrutinized the facts and found potential bias in the IRP's conclusions, ultimately concluding that the application seemed to be a strategic move by the Debtor to benefit from the moratorium and delay recovery proceedings. As a result, the Tribunal rejected the application and accompanying report, along with dismissing other related applications.
Scope of the Report of IRP - IRP was appointed on application under Section 94(1) - After appointing an Interim Resolution Professional (IRP) and receiving a report recommending acceptance of the petition, various applications were filed by the Financial Creditor challenging the application's legitimacy. The Debtor contested these objections, asserting the validity of the IRP's report. The Tribunal scrutinized the facts and found potential bias in the IRP's conclusions, ultimately concluding that the application seemed to be a strategic move by the Debtor to benefit from the moratorium and delay recovery proceedings. As a result, the Tribunal rejected the application and accompanying report, along with dismissing other related applications.
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