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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Liquidation of the Corporate Debtor - SRA has not made the payments within the timeline - The tribunal noted that the impugned order was based on the premise that not proceeding with liquidation would modify the resolution plan, which it deemed impermissible under the Code. However, the tribunal observed that extending payment timelines does not inherently modify the resolution plan and thus cannot justify liquidation. - The tribunal upheld the commercial wisdom of the CoC, which had a majority vote against liquidation. It emphasized that such decisions should not be disregarded lightly by the Adjudicating Authority.
Liquidation of the Corporate Debtor - SRA has not made the payments within the timeline - The tribunal noted that the impugned order was based on the premise that not proceeding with liquidation would modify the resolution plan, which it deemed impermissible under the Code. However, the tribunal observed that extending payment timelines does not inherently modify the resolution plan and thus cannot justify liquidation. - The tribunal upheld the commercial wisdom of the CoC, which had a majority vote against liquidation. It emphasized that such decisions should not be disregarded lightly by the Adjudicating Authority.
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