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...
Once a Section 9 application was admitted and an interim resolution professional appointed, control of the corporate debtor's affairs vested in the IRP, so a suspended director could not file an appeal in the corporate debtor's name as its authorised representative. The appeal was inherently non-maintainable at inception, not a curable procedural defect, and the NCLAT erred in allowing later amendment of the cause title and memo of appeal. Given the strict limitation regime under the Code, with only a limited condonable period, the belated attempt to convert the incompetent appeal into a valid one was rejected. The appeal was dismissed on this ground alone.
Once a Section 9 application was admitted and an interim resolution professional appointed, control of the corporate debtor's affairs vested in the IRP, so a suspended director could not file an appeal in the corporate debtor's name as its authorised representative. The appeal was inherently non-maintainable at inception, not a curable procedural defect, and the NCLAT erred in allowing later amendment of the cause title and memo of appeal. Given the strict limitation regime under the Code, with only a limited condonable period, the belated attempt to convert the incompetent appeal into a valid one was rejected. The appeal was dismissed on this ground alone.
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