Cost-to-cost reimbursement of seconded employees is not service consideration; transfer-pricing markup was deleted and amalgamation amortisation allow...
Crystallisation of liability supports prior-period expense deduction, while functionally distinct divisions require separate transfer-pricing benchmar...
Functional comparability under TNMM requires transaction-specific FAR analysis before benchmarking business-support services provided to associated en...
Advance pricing agreement methodology can guide benchmarking for non-covered years when functions, assets, risks and activities remain materially unch...
Tax-audit exemption for substantially State-funded educational universities prevents audit-failure penalties where income qualifies for statutory exem...
Functional, asset and risk analysis excludes diversified technology companies from captive software development comparables under cost-plus arrangemen...
Mobile-phone electronic evidence failed to establish customs undervaluation, while duty survived on non-authentic origin certificates without importer...
Under the IBC clean slate principle, approval of a resolution plan extinguishes claims against the corporate debtor and successful resolution applicant, including claims not lodged in CIRP, but preserves the corporate debtor's claims against its debtors. A former promoter's status as successful resolution applicant under the MSME exception does not change that effect. The CIRP moratorium is excluded when computing limitation for an arbitral claim arising from contract termination after CIRP commencement. An extinguished operational creditor's claim cannot support affirmative recovery but may be used as a defensive set-off against amounts payable on the corporate debtor's surviving claim, limited to the claim lodged in CIRP.
Under the IBC clean slate principle, approval of a resolution plan extinguishes claims against the corporate debtor and successful resolution applicant, including claims not lodged in CIRP, but preserves the corporate debtor's claims against its debtors. A former promoter's status as successful resolution applicant under the MSME exception does not change that effect. The CIRP moratorium is excluded when computing limitation for an arbitral claim arising from contract termination after CIRP commencement. An extinguished operational creditor's claim cannot support affirmative recovery but may be used as a defensive set-off against amounts payable on the corporate debtor's surviving claim, limited to the claim lodged in CIRP.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4902 
