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 BankruptcyMarch 27, 2024Case LawsAT
Condonation of delay in filing appeals - The NCLAT made it clear that ignorance of the proceedings or the order does not extend the limitation period for filing an appeal. This decision reflects the IBC's emphasis on expediency and certainty in resolving insolvency matters, which is crucial for maintaining confidence in the insolvency resolution process and the stability of the financial and commercial systems. The Tribunal's reliance on authoritative legal precedents and its interpretation of the IBC provisions reinforce the principle that statutory rights of appeal must be exercised within the prescribed timelines to uphold the Code's objectives.
Condonation of delay in filing appeals - The NCLAT made it clear that ignorance of the proceedings or the order does not extend the limitation period for filing an appeal. This decision reflects the IBC's emphasis on expediency and certainty in resolving insolvency matters, which is crucial for maintaining confidence in the insolvency resolution process and the stability of the financial and commercial systems. The Tribunal's reliance on authoritative legal precedents and its interpretation of the IBC provisions reinforce the principle that statutory rights of appeal must be exercised within the prescribed timelines to uphold the Code's objectives.
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