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...
Automotive radio classification treats integrated infotainment features as supplementary, placing complete and qualifying unassembled units under the ...
Separate corporate personality prevents directors from being personally liable for company deposits without a guarantee or independent legal undertaki...
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Regulation 38(3)(a) requires a resolution plan to identify and address the cause of default; merely describing losses, lack of turnover and excess liabilities does not satisfy that mandatory requirement. Non-compliance also breaches the statutory plan-scrutiny requirement and can justify rejection despite CoC approval. Protection for dissenting financial creditors extends to their minimum liquidation entitlement, not to a requirement that total plan value equal liquidation value. Investigation into the corporate debtor's affairs may be sustained where debt assignments during CIRP, voting control and plan deficiencies warrant inquiry. Premature limits on an assignee's distributable share should be removed pending investigation. Rectification or CIRP restoration before liquidation remains discretionary where defects are substantive rather than minor.
Regulation 38(3)(a) requires a resolution plan to identify and address the cause of default; merely describing losses, lack of turnover and excess liabilities does not satisfy that mandatory requirement. Non-compliance also breaches the statutory plan-scrutiny requirement and can justify rejection despite CoC approval. Protection for dissenting financial creditors extends to their minimum liquidation entitlement, not to a requirement that total plan value equal liquidation value. Investigation into the corporate debtor's affairs may be sustained where debt assignments during CIRP, voting control and plan deficiencies warrant inquiry. Premature limits on an assignee's distributable share should be removed pending investigation. Rectification or CIRP restoration before liquidation remains discretionary where defects are substantive rather than minor.
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