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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Section 10A bars CIRP for defaults arising during its protected period. A cash-credit default requires non-payment of a debt that is legally due and presently payable; deferred interest recovery and the absence of a demand under an on-demand facility may prevent an actionable default. For an ad hoc cash-credit facility, a repayment period running from the date of availment excludes that first day, so default arises only after the period expires. Amendment of a Section 7 application may be permitted, but a substituted default date must be supported by pleaded facts and evidence, particularly where Section 10A permanently affects maintainability.
Section 10A bars CIRP for defaults arising during its protected period. A cash-credit default requires non-payment of a debt that is legally due and presently payable; deferred interest recovery and the absence of a demand under an on-demand facility may prevent an actionable default. For an ad hoc cash-credit facility, a repayment period running from the date of availment excludes that first day, so default arises only after the period expires. Amendment of a Section 7 application may be permitted, but a substituted default date must be supported by pleaded facts and evidence, particularly where Section 10A permanently affects maintainability.
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