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...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
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Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The decree from the Bombay High Court, based on dishonored bills of exchange and cheques, constitutes a financial debt under the IBC. The respondent qualifies as a financial creditor. While interest is not a necessary component for a debt to be considered financial, the threshold for initiating Section 7 proceedings exists even without interest. The appellant's arguments regarding the absence of an agreement and non-applicability of Section 5(8) are unsubstantiated. The procedural defects cited by the appellant do not significantly undermine the validity of the claim u/s 7. The appeal is dismissed.
The decree from the Bombay High Court, based on dishonored bills of exchange and cheques, constitutes a financial debt under the IBC. The respondent qualifies as a financial creditor. While interest is not a necessary component for a debt to be considered financial, the threshold for initiating Section 7 proceedings exists even without interest. The appellant's arguments regarding the absence of an agreement and non-applicability of Section 5(8) are unsubstantiated. The procedural defects cited by the appellant do not significantly undermine the validity of the claim u/s 7. The appeal is dismissed.
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