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 BankruptcyApril 12, 2024Case LawsAT
CIRP - Admissibility of two additional documents - The Appellate Tribunal analyzed the timing of the documents in question. It noted that the arbitration petition and the order were both initiated after the filing of the Section 9 Application. Considering the observations of the Hon’ble Supreme Court and the relevance of the documents to the ongoing proceedings, the Tribunal upheld the decision of the Adjudicating Authority to dismiss the application for additional documents. - It concluded that the arbitration proceedings initiated by the Corporate Debtor were subsequent to the Section 9 Application and thus had no bearing on it.
CIRP - Admissibility of two additional documents - The Appellate Tribunal analyzed the timing of the documents in question. It noted that the arbitration petition and the order were both initiated after the filing of the Section 9 Application. Considering the observations of the Hon’ble Supreme Court and the relevance of the documents to the ongoing proceedings, the Tribunal upheld the decision of the Adjudicating Authority to dismiss the application for additional documents. - It concluded that the arbitration proceedings initiated by the Corporate Debtor were subsequent to the Section 9 Application and thus had no bearing on it.
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