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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Insolvency and BankruptcyFebruary 15, 2024Case LawsAT
Scope of duty of RP - Seeking acceptance of the claims which had been rejected by the Resolution Professional - Proof of services provided and debts - The NCLAT held that the RP did not exceed his powers by seeking additional proof to substantiate the claims. The RP's role includes verifying claims to ensure their accuracy for the CIRP process, and the request for additional proof was within his administrative powers, not constituting adjudication. - The Tribunal found that the RP acted within his mandate by seeking further evidence to ensure the credibility of the insolvency process.
Scope of duty of RP - Seeking acceptance of the claims which had been rejected by the Resolution Professional - Proof of services provided and debts - The NCLAT held that the RP did not exceed his powers by seeking additional proof to substantiate the claims. The RP's role includes verifying claims to ensure their accuracy for the CIRP process, and the request for additional proof was within his administrative powers, not constituting adjudication. - The Tribunal found that the RP acted within his mandate by seeking further evidence to ensure the credibility of the insolvency process.
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