Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
The case involved a dispute regarding the adjustment of an income tax refund with outstanding liability after the CIRP timeline had expired and a liquidation order was passed. The Appellate Tribunal held that the moratorium u/s 14 of IBC continues even after the CIRP period ends, and creditors cannot exercise set-off during this period. The Respondent was found liable to refund the amount set off against tax dues as it violated the moratorium. The Tribunal ordered the Respondent to refund the adjusted amount to the Corporate Debtor within two weeks. The judgment emphasized that set-off during CIRP is against IBC principles.
The case involved a dispute regarding the adjustment of an income tax refund with outstanding liability after the CIRP timeline had expired and a liquidation order was passed. The Appellate Tribunal held that the moratorium u/s 14 of IBC continues even after the CIRP period ends, and creditors cannot exercise set-off during this period. The Respondent was found liable to refund the amount set off against tax dues as it violated the moratorium. The Tribunal ordered the Respondent to refund the adjusted amount to the Corporate Debtor within two weeks. The judgment emphasized that set-off during CIRP is against IBC principles.
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