Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4819 
Join Channel 
