Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
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The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping arose as the Respondent was identified as a Co-Borrower, not a Personal Guarantor. The Applicant had pursued remedies in other legal forums, such as Arbitration and under the Negotiable Instrument Act, indicating forum shopping. The Tribunal found the Applicant did not approach the Adjudicating Authority with clean hands and rejected the Application for initiating Personal Insolvency Resolution Process against the Personal Guarantor.
The Tribunal addressed the maintainability of an application regarding a Personal Guarantor's failure to repay debts to a Corporate Debtor. The issue of forum shopping arose as the Respondent was identified as a Co-Borrower, not a Personal Guarantor. The Applicant had pursued remedies in other legal forums, such as Arbitration and under the Negotiable Instrument Act, indicating forum shopping. The Tribunal found the Applicant did not approach the Adjudicating Authority with clean hands and rejected the Application for initiating Personal Insolvency Resolution Process against the Personal Guarantor.
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