Transfer pricing and tax deductions upheld on established principles, while employee contributions and warranty provisions returned for fresh examinat...
Captive transfer pricing relies on industrial consumer tariffs, while genuine quotations can benchmark effluent treatment transfers under the Other Me...
Specific tariff classification for ophthalmic instruments and extended limitation principles determine the treatment of duty demands, confiscation, an...
Integrated golf function determines classification, placing launch monitors and simulators under other golf equipment rather than measuring instrument...
Public servant status under anti-corruption law extends to recognised stock exchange leadership; constitutional and sanction challenges do not succeed...
Acquiescence, homebuyer protection and clean-slate resolution principles prevent landowners from disrupting an integrated project through late termina...
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A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
A Section 9 insolvency application was rejected because the record disclosed a genuine pre-existing dispute between the parties. The corporate debtor had, before the demand notice, complained of defective consignments, including rusting and non-conformity with specifications, sought replacement, and rejected the goods; the operational creditor's own emails acknowledging quality deficiency and offering compensation reinforced that the dispute was real. The tribunal held that the adjudicating authority need only see whether the dispute is a plausible contention requiring further investigation, not a patently feeble defence. It also held that issues on CFR INCOTERMS and Sale of Goods Act remedies were outside summary insolvency jurisdiction, and the rejection of the application was affirmed.
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