Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The article explains that a resolution plan approved by the Committee of Creditors could not be rejected on subjective concerns about valuation, negotiation, claim treatment, voting pattern, disputed assets, or procedural points, because these fall within the CoC's commercial wisdom and are not open to judicial reappraisal absent a specific breach of Section 30(2). It further states that disputed properties may be included in the information memorandum where relevant to the corporate debtor's assets, that prior directions preventing a fresh reference back to the CoC had to be followed, and that promoters had no locus to seek withdrawal under Section 12A after rejection of their settlement proposals. It also treats later compliance with Rainbow Papers as implementable through an additional payment by the successful applicant.
The article explains that a resolution plan approved by the Committee of Creditors could not be rejected on subjective concerns about valuation, negotiation, claim treatment, voting pattern, disputed assets, or procedural points, because these fall within the CoC's commercial wisdom and are not open to judicial reappraisal absent a specific breach of Section 30(2). It further states that disputed properties may be included in the information memorandum where relevant to the corporate debtor's assets, that prior directions preventing a fresh reference back to the CoC had to be followed, and that promoters had no locus to seek withdrawal under Section 12A after rejection of their settlement proposals. It also treats later compliance with Rainbow Papers as implementable through an additional payment by the successful applicant.
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