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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.
During the CIRP moratorium, provident fund proceedings that go beyond determining dues and impose demands, recovery, damages, interest or prosecution are treated as impermissible actions creating new liabilities against the corporate debtor. A Section 7A order issued through such continued proceedings is unsustainable. Section 31(6) of the IBC gives statutory effect to the clean-slate principle: pre-resolution-plan claims against the corporate debtor and its assets are extinguished unless preserved under the approved plan, including additional provident fund claims not admitted under it. Section 32A further protects the corporate debtor and its assets from recovery action for pre-CIRP offences after the required change in management or control under an approved resolution plan.
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