Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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Where an authority directed a stakeholder to remit CIRP costs within a stipulated time and file a compliance memo, and that foundational order was neither challenged nor stayed, its directions attained finality and were mandatorily enforceable. An ensuing order merely compelling compliance and warning of initiation of contempt proceedings for continued default was held to be a natural consequence of disobedience and not amenable to interference, particularly as no contempt finding or punishment had yet been imposed. As the liability to pay CIRP costs had already been conclusively determined in the unchallenged prior order, the appeal against the compliance-enforcement order was dismissed. - NCLAT
Where an authority directed a stakeholder to remit CIRP costs within a stipulated time and file a compliance memo, and that foundational order was neither challenged nor stayed, its directions attained finality and were mandatorily enforceable. An ensuing order merely compelling compliance and warning of initiation of contempt proceedings for continued default was held to be a natural consequence of disobedience and not amenable to interference, particularly as no contempt finding or punishment had yet been imposed. As the liability to pay CIRP costs had already been conclusively determined in the unchallenged prior order, the appeal against the compliance-enforcement order was dismissed. - NCLAT
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