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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Appointment of the Appellant as the liquidator - The Tribunal found that the Appellant failed to comply with Regulation 31A(11) by not submitting the mandatory written consent on Form AA of Schedule II before the Adjudicating Authority or the SCC. Despite the alleged consent dated 29.08.2023, there was no evidence of its submission to the relevant authorities. - The Tribunal upheld the Adjudicating Authority's decision to appoint Respondent No. 2 as the liquidator, citing the authority's power to replace the liquidator for justifiable reasons. - Agreeing with the Respondent, the Tribunal concluded that the Appellant lacked locus standi to file the appeal as they were merely a proposed/prospective liquidator without inherent rights to the appointment.
Appointment of the Appellant as the liquidator - The Tribunal found that the Appellant failed to comply with Regulation 31A(11) by not submitting the mandatory written consent on Form AA of Schedule II before the Adjudicating Authority or the SCC. Despite the alleged consent dated 29.08.2023, there was no evidence of its submission to the relevant authorities. - The Tribunal upheld the Adjudicating Authority's decision to appoint Respondent No. 2 as the liquidator, citing the authority's power to replace the liquidator for justifiable reasons. - Agreeing with the Respondent, the Tribunal concluded that the Appellant lacked locus standi to file the appeal as they were merely a proposed/prospective liquidator without inherent rights to the appointment.
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