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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Dishonour of Cheque - Continuation of proceedings during moratorium period - vicarious liability of director - proceedings under Section 138 or 141 of the NI Act - Section 32-A of the IBC stipulates that the liability of a corporate debtor for offenses committed prior to insolvency resolution ceases upon approval of the resolution plan, provided there is a change in management or control. However, this protection does not extend to natural persons associated with the corporate debtor, such as directors. Since there was no change in management in the resolution plan approved for the corporate debtor in this case, the protection under Section 32-A does not apply. Consequently, the criminal liability of both the corporate debtor and its directors persists.
Dishonour of Cheque - Continuation of proceedings during moratorium period - vicarious liability of director - proceedings under Section 138 or 141 of the NI Act - Section 32-A of the IBC stipulates that the liability of a corporate debtor for offenses committed prior to insolvency resolution ceases upon approval of the resolution plan, provided there is a change in management or control. However, this protection does not extend to natural persons associated with the corporate debtor, such as directors. Since there was no change in management in the resolution plan approved for the corporate debtor in this case, the protection under Section 32-A does not apply. Consequently, the criminal liability of both the corporate debtor and its directors persists.
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