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...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
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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NCLAT affirmed admission of the Section 7 petition, holding that the MoU's Clause 6 effected an automatic event of default upon non-payment within the 45-day cure period, which expired on 16.03.2020, thereby terminating the compromise and vesting the Financial Creditor with entitlement to recover outstanding dues. Subsequent payments and a separate WCTL-III disbursement did not revive the lapsed MoU or cure the Term Loan default, and Clause 4.2's discretionary "may" did not amount to waiver. The Tribunal found a subsisting financial debt and continuing default predating Section 10A; equitable considerations were irrelevant at admission. Impugned order stood unassailable and the appeal was dismissed.
NCLAT affirmed admission of the Section 7 petition, holding that the MoU's Clause 6 effected an automatic event of default upon non-payment within the 45-day cure period, which expired on 16.03.2020, thereby terminating the compromise and vesting the Financial Creditor with entitlement to recover outstanding dues. Subsequent payments and a separate WCTL-III disbursement did not revive the lapsed MoU or cure the Term Loan default, and Clause 4.2's discretionary "may" did not amount to waiver. The Tribunal found a subsisting financial debt and continuing default predating Section 10A; equitable considerations were irrelevant at admission. Impugned order stood unassailable and the appeal was dismissed.
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