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...
The text addresses the applicability of the moratorium bar on initiating corporate insolvency where the default predated the moratorium, holding the bar inapplicable and a Section 7 application admissible. It clarifies that alleged novation by restructuring did not crystallise due to unmet preconditions and part payments did not discharge the debt, so the adjudicating authority's admission enquiry is limited to existence of financial debt and default. Commercial judgments of the committee of creditors are non-justiciable, and settlement efforts or interim stays cannot obstruct a timely CIRP; specified deposit and guarantee conditions for a temporary stall were vacated.
The text addresses the applicability of the moratorium bar on initiating corporate insolvency where the default predated the moratorium, holding the bar inapplicable and a Section 7 application admissible. It clarifies that alleged novation by restructuring did not crystallise due to unmet preconditions and part payments did not discharge the debt, so the adjudicating authority's admission enquiry is limited to existence of financial debt and default. Commercial judgments of the committee of creditors are non-justiciable, and settlement efforts or interim stays cannot obstruct a timely CIRP; specified deposit and guarantee conditions for a temporary stall were vacated.
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