Transfer pricing comparables and operating income principles applied to software development services, with exclusions, inclusions, and tax credit ver...
Transfer pricing on performance guarantees and overdue receivables deleted where warranty obligations were embedded and working capital adjustment alr...
At admission of a CIRP petition the tribunal cannot decide liquidated damages by summary procedure; such claims are not amenable to summary determination and therefore do not justify denial of admission on that ground alone. Pre-existing contractual disputes about quality and defects, if shown to be substantial, genuine and bona fide (not spurious, speculative or misconceived), can bar admission of a Section 9 application; numerous pre-demand communications indicating defects support that finding. A completion certificate issued with caveats does not amount to unconditional acceptance and does not foreclose contractual disputes. The appeal challenging these conclusions was dismissed.
At admission of a CIRP petition the tribunal cannot decide liquidated damages by summary procedure; such claims are not amenable to summary determination and therefore do not justify denial of admission on that ground alone. Pre-existing contractual disputes about quality and defects, if shown to be substantial, genuine and bona fide (not spurious, speculative or misconceived), can bar admission of a Section 9 application; numerous pre-demand communications indicating defects support that finding. A completion certificate issued with caveats does not amount to unconditional acceptance and does not foreclose contractual disputes. The appeal challenging these conclusions was dismissed.
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