Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
A Section 9 insolvency application may fail where the corporate debtor shows a real and plausible pre-existing dispute that existed before the demand notice; the dispute can be raised even in the reply to the application if it predates the notice. Applying the Mobilox test, the tribunal found subsisting disputes on liability through earlier notices and settlement arrangements, and upheld rejection of CIRP initiation. On the contract, the alleged service fee was treated only as a profit share after deduction of usage fees and expenses, not an independent operational debt. The termination terms and unsupported balance emails did not establish debt due from the corporate debtor.
A Section 9 insolvency application may fail where the corporate debtor shows a real and plausible pre-existing dispute that existed before the demand notice; the dispute can be raised even in the reply to the application if it predates the notice. Applying the Mobilox test, the tribunal found subsisting disputes on liability through earlier notices and settlement arrangements, and upheld rejection of CIRP initiation. On the contract, the alleged service fee was treated only as a profit share after deduction of usage fees and expenses, not an independent operational debt. The termination terms and unsupported balance emails did not establish debt due from the corporate debtor.
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