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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Approval of Resolution Plan - The Appellate Tribunal upheld the approval of the Resolution Plan, stating that there was no violation of statutory provisions. It emphasized the commercial wisdom of the CoC and noted that the plan fairly allocated funds to different classes of creditors. - The Tribunal clarified that the Adjudicating Authority's order did not require the entire amount of the appellant's claim to be kept in escrow. It interpreted the order as intending to hold only the amount provided in the plan against the admitted claim in escrow, subject to the outcome of an execution petition. - The NCLAT dismissed the appellant's appeal against the approval of the plan.
Approval of Resolution Plan - The Appellate Tribunal upheld the approval of the Resolution Plan, stating that there was no violation of statutory provisions. It emphasized the commercial wisdom of the CoC and noted that the plan fairly allocated funds to different classes of creditors. - The Tribunal clarified that the Adjudicating Authority's order did not require the entire amount of the appellant's claim to be kept in escrow. It interpreted the order as intending to hold only the amount provided in the plan against the admitted claim in escrow, subject to the outcome of an execution petition. - The NCLAT dismissed the appellant's appeal against the approval of the plan.
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