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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Locus of appellant - The NCLT's decision dismissed the Appellant's objections to a scheme of amalgamation involving two companies - Appellant contended that they were a creditor based on previous agreements and royalty payments related to copyright material, thus entitled to object to the scheme and access scheme documents. - The Tribunal found no merit in the Appellant's arguments, affirming that the legal criteria for a creditor's locus standi in objecting to a scheme were not met by the Appellant. The NCLAT underscored that the Appellant's name was not listed in the audited financial statements nor among the unsecured creditors of either respondent company. This fact was pivotal in determining the Appellant's lack of standing to object to the scheme.
Locus of appellant - The NCLT's decision dismissed the Appellant's objections to a scheme of amalgamation involving two companies - Appellant contended that they were a creditor based on previous agreements and royalty payments related to copyright material, thus entitled to object to the scheme and access scheme documents. - The Tribunal found no merit in the Appellant's arguments, affirming that the legal criteria for a creditor's locus standi in objecting to a scheme were not met by the Appellant. The NCLAT underscored that the Appellant's name was not listed in the audited financial statements nor among the unsecured creditors of either respondent company. This fact was pivotal in determining the Appellant's lack of standing to object to the scheme.
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