Marketing support and subcontracted client contracts: no agency permanent establishment under Article 5 DTAA; arm's-length pricing bars profit attribu...
Whether the appellant's claim qualified as a "financial debt" under Section 5(8) of the IBC and therefore should have been classified as a financial creditor: the tribunal held that the resolution professional's uploaded List of Creditors treated the appellant as an "other creditor," a classification the appellant did not challenge during CIRP; accordingly the Plan's classification and treatment did not contravene Section 30(2) and warranted no interference - appeal dismissed; appellant remains free to pursue execution of an existing DRT decree against the corporate debtor. - NCLAT
Whether the appellant's claim qualified as a "financial debt" under Section 5(8) of the IBC and therefore should have been classified as a financial creditor: the tribunal held that the resolution professional's uploaded List of Creditors treated the appellant as an "other creditor," a classification the appellant did not challenge during CIRP; accordingly the Plan's classification and treatment did not contravene Section 30(2) and warranted no interference - appeal dismissed; appellant remains free to pursue execution of an existing DRT decree against the corporate debtor. - NCLAT
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