Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Contractual service of demand notice under the guarantee deed was treated as sufficient where the financial creditor had already invoked the personal guarantees before Section 95 proceedings, reflected that invocation in the DRT record, and annexed the invocation notice to the statutory demand notice. The tribunal held that dispatch to the last known address and certification by a responsible officer satisfied the agreed mode of service, so absence of postal acknowledgments did not defeat invocation. The appellants had also admitted the factual assertions in their rejoinder, making the service objection hyper-technical. The personal insolvency applications were therefore upheld on the basis of enforceable debt and default against the guarantors.
Contractual service of demand notice under the guarantee deed was treated as sufficient where the financial creditor had already invoked the personal guarantees before Section 95 proceedings, reflected that invocation in the DRT record, and annexed the invocation notice to the statutory demand notice. The tribunal held that dispatch to the last known address and certification by a responsible officer satisfied the agreed mode of service, so absence of postal acknowledgments did not defeat invocation. The appellants had also admitted the factual assertions in their rejoinder, making the service objection hyper-technical. The personal insolvency applications were therefore upheld on the basis of enforceable debt and default against the guarantors.
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