Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Threshold exemption excludes exempt services, while stamp-paper purchases avoid reverse charge; consequential service tax penalties were also set asid...
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Remuneration payable to an IRP forms part of CIRP costs and is not excluded from judicial scrutiny merely because the CoC acts within commercial wisdom; fee fixation still requires examination of the factual basis, work performed and governing arrangement. However, on a reading of the first CoC meeting agenda, minutes and resolutions, the approved IRP remuneration was a consolidated amount, while monthly remuneration was linked to appointment as RP, which was rejected. The IRP had no vested right to continue, the replacement delay did not convert the fee into a monthly entitlement, and the later minimum-fee prescription was inapplicable. The fixed remuneration and expenses were upheld, and the claim for monthly remuneration for the entire tenure failed.
Remuneration payable to an IRP forms part of CIRP costs and is not excluded from judicial scrutiny merely because the CoC acts within commercial wisdom; fee fixation still requires examination of the factual basis, work performed and governing arrangement. However, on a reading of the first CoC meeting agenda, minutes and resolutions, the approved IRP remuneration was a consolidated amount, while monthly remuneration was linked to appointment as RP, which was rejected. The IRP had no vested right to continue, the replacement delay did not convert the fee into a monthly entitlement, and the later minimum-fee prescription was inapplicable. The fixed remuneration and expenses were upheld, and the claim for monthly remuneration for the entire tenure failed.
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