Approved resolution plans extinguish unsubmitted pre-approval tax claims, preventing later recovery outside the insolvency process and preserving a cl...
Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
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Section 14(1)(d) of the Insolvency and Bankruptcy Code bars a lessor from recovering leased premises during moratorium while the corporate debtor or resolution professional remains in possession, even if the lease was terminated before CIRP. The Tribunal read this protection with Regulation 31(b) and applied the distinction between physical occupation and juridical possession, holding that possession continuing after termination remains protected until lawful eviction. As the resolution professional admittedly remained in possession of the leased property, the lessor could not reclaim it during moratorium, and the claim for delivery of possession was rejected.
Section 14(1)(d) of the Insolvency and Bankruptcy Code bars a lessor from recovering leased premises during moratorium while the corporate debtor or resolution professional remains in possession, even if the lease was terminated before CIRP. The Tribunal read this protection with Regulation 31(b) and applied the distinction between physical occupation and juridical possession, holding that possession continuing after termination remains protected until lawful eviction. As the resolution professional admittedly remained in possession of the leased property, the lessor could not reclaim it during moratorium, and the claim for delivery of possession was rejected.
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