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 NCLAT addressed the exclusion of an eighteen-month time period for resolution plan implementation and the extension of this period due to ongoing litigation. The Adjudicating Authority considered liquidation due to a perceived logjam and potential harm to the Financial Creditor. The Adjudicating Authority's conclusion was influenced by ongoing litigation hindering plan implementation. The court highlighted that discussions in the plan were about plan implementation, not liquidation. Section 33 of the IBC outlines grounds for liquidation, but as the resolution plan was in place and no breaches were shown, liquidation was deemed inappropriate. The stay by a higher court affecting plan implementation justified time exclusion. The order for liquidation was set aside, and time for plan implementation was extended from a specified date.
The NCLAT addressed the exclusion of an eighteen-month time period for resolution plan implementation and the extension of this period due to ongoing litigation. The Adjudicating Authority considered liquidation due to a perceived logjam and potential harm to the Financial Creditor. The Adjudicating Authority's conclusion was influenced by ongoing litigation hindering plan implementation. The court highlighted that discussions in the plan were about plan implementation, not liquidation. Section 33 of the IBC outlines grounds for liquidation, but as the resolution plan was in place and no breaches were shown, liquidation was deemed inappropriate. The stay by a higher court affecting plan implementation justified time exclusion. The order for liquidation was set aside, and time for plan implementation was extended from a specified date.
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