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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CIR - Order of Liquidation - Concern regarding auction at a price significantly lower than their fair value - The NCLAT found that the appellant's challenges were not maintainable, noting that there is no provision in the Insolvency and Bankruptcy Code (IBC) that allows a shareholder to sell assets after the initiation of liquidation proceedings. - The Appellate Tribunal clarified that reductions in the reserve price followed the guidelines set forth in the regulations, and the decision to sell the corporate debtor's assets through a slump sale after several unsuccessful auctions was a reasonable approach to maximize value. - The Tribunal criticized the appellant for their non-cooperation during the Corporate Insolvency Resolution Process (CIRP) and the liquidation process. It highlighted that such behavior contributed to the challenges faced in asset realization.
CIR - Order of Liquidation - Concern regarding auction at a price significantly lower than their fair value - The NCLAT found that the appellant's challenges were not maintainable, noting that there is no provision in the Insolvency and Bankruptcy Code (IBC) that allows a shareholder to sell assets after the initiation of liquidation proceedings. - The Appellate Tribunal clarified that reductions in the reserve price followed the guidelines set forth in the regulations, and the decision to sell the corporate debtor's assets through a slump sale after several unsuccessful auctions was a reasonable approach to maximize value. - The Tribunal criticized the appellant for their non-cooperation during the Corporate Insolvency Resolution Process (CIRP) and the liquidation process. It highlighted that such behavior contributed to the challenges faced in asset realization.
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