Transfer pricing comparability under TNMM: foreign exchange loss on ECB excluded from operating cost, and a functionally dissimilar comparator removed...
Fake AI-generated precedents vitiate adjudication, with unverified citations contaminating the decision-making process and undermining the rule of law...
Personal guarantees were validly invoked where the demand notice was expressly addressed to the guarantors, referred to their security for the financial assistance, and called for payment of the outstanding liability. The earlier guarantee remained operative as a continuing guarantee after restructuring, as the later restructuring documents did not displace it and the borrower's restructured repayment was not honoured. The corporate debtor's CIRP moratorium did not bar action against personal guarantors, since the statutory protection does not extend to sureties under a contract of guarantee. Limitation for the Section 95 application was saved by repeated acknowledgments in balance sheets and by the recovery certificate. The appeals were dismissed.
Personal guarantees were validly invoked where the demand notice was expressly addressed to the guarantors, referred to their security for the financial assistance, and called for payment of the outstanding liability. The earlier guarantee remained operative as a continuing guarantee after restructuring, as the later restructuring documents did not displace it and the borrower's restructured repayment was not honoured. The corporate debtor's CIRP moratorium did not bar action against personal guarantors, since the statutory protection does not extend to sureties under a contract of guarantee. Limitation for the Section 95 application was saved by repeated acknowledgments in balance sheets and by the recovery certificate. The appeals were dismissed.
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