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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NCLAT dismissed the corporate debtor's appeal and upheld admission of the Section 9 IBC application. It held that the alleged pre-existing disputes were not genuine, real or bona fide. The Tribunal found the cash receipts relied upon by the corporate debtor implausible, noting inconsistencies in dates, unexplained delayed issuance, and the failure to disclose them earlier, including in prior police complaints. The police complaints themselves were held not to constitute a "dispute" under Section 5(6) IBC, as they related to alleged threats rather than the underlying operational debt. Concluding that the disputes were contrived and moonshine, and that default exceeded the threshold, NCLAT sustained the admission order.
NCLAT dismissed the corporate debtor's appeal and upheld admission of the Section 9 IBC application. It held that the alleged pre-existing disputes were not genuine, real or bona fide. The Tribunal found the cash receipts relied upon by the corporate debtor implausible, noting inconsistencies in dates, unexplained delayed issuance, and the failure to disclose them earlier, including in prior police complaints. The police complaints themselves were held not to constitute a "dispute" under Section 5(6) IBC, as they related to alleged threats rather than the underlying operational debt. Concluding that the disputes were contrived and moonshine, and that default exceeded the threshold, NCLAT sustained the admission order.
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