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 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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