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...
Non-annexure of invoices with a Section 8 demand notice did not invalidate a Section 9 insolvency claim where the operational debt arose from the contract itself and minimum royalty could be computed from the agreement terms. The Tribunal held that Rule 5 permits a demand notice in Form 3 without enclosing an invoice, so rejection of the application on that ground was erroneous. It further found no real pre-existing dispute, as the corporate debtor had acknowledged liability and the correspondence showed only reconciliation and quantification issues. Operational debt and default were therefore established, the appeal was allowed, and the debtor was given time to pay the admitted amount failing which insolvency admission could follow.
Non-annexure of invoices with a Section 8 demand notice did not invalidate a Section 9 insolvency claim where the operational debt arose from the contract itself and minimum royalty could be computed from the agreement terms. The Tribunal held that Rule 5 permits a demand notice in Form 3 without enclosing an invoice, so rejection of the application on that ground was erroneous. It further found no real pre-existing dispute, as the corporate debtor had acknowledged liability and the correspondence showed only reconciliation and quantification issues. Operational debt and default were therefore established, the appeal was allowed, and the debtor was given time to pay the admitted amount failing which insolvency admission could follow.
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