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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CIRP - Admissibility of Section 95 Applications against Personal Guarantors - discharge the liabilities of Personal Guarantors on approval of Resolution Plan - The Appellate Tribunal noted that the approval of a Resolution Plan does not automatically discharge the liabilities of personal guarantors, as established by the Supreme Court's judgment in Lalit Kumar Jain. - The Tribunal emphasized that even after the approval of a Resolution Plan, recourse against third parties, including personal guarantors, can still be pursued by Financial Creditors. - Regarding the effect of the Resolution Plan on personal guarantees, the Tribunal observed that the plan explicitly excluded guarantees from assignment and allowed the Financial Creditor to retain them. Therefore, the Adjudicating Authority rightly admitted the Section 95 Applications based on the provisions of the Resolution Plan.
CIRP - Admissibility of Section 95 Applications against Personal Guarantors - discharge the liabilities of Personal Guarantors on approval of Resolution Plan - The Appellate Tribunal noted that the approval of a Resolution Plan does not automatically discharge the liabilities of personal guarantors, as established by the Supreme Court's judgment in Lalit Kumar Jain. - The Tribunal emphasized that even after the approval of a Resolution Plan, recourse against third parties, including personal guarantors, can still be pursued by Financial Creditors. - Regarding the effect of the Resolution Plan on personal guarantees, the Tribunal observed that the plan explicitly excluded guarantees from assignment and allowed the Financial Creditor to retain them. Therefore, the Adjudicating Authority rightly admitted the Section 95 Applications based on the provisions of the Resolution Plan.
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