Patent-settlement expenditure treated as commercially expedient revenue outlay, with foreign-law restrictions inapplicable before the prospective amen...
International transaction benchmarking restricts transfer pricing adjustments to associated-enterprise dealings, while functional comparability govern...
Joint development agreements defer taxable transfer where possession lacks part performance, while completed flats determine consideration and exempti...
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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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