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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The National Company Law Appellate Tribunal, New Delhi, dismissed an appeal regarding the initiation of Corporate Insolvency Resolution Process (CIRP) as the debt in question did not qualify as "operational debt" under Section 5(21) of the IBC. The Tribunal found that the security deposit in question was not directly linked to any goods or services provided, thus falling outside the scope of operational debt. Additionally, the presence of a pre-existing dispute between the parties rendered the application under Section 9 of the IBC not maintainable, in line with legal precedents such as Consolidated Construction Consortium Limited v. Hitro Energy Solutions Pvt. Ltd. and Mobilox Innovations Pvt. Ltd. v. Kirusa Software Pvt. Ltd. The appeal was ultimately dismissed.
The National Company Law Appellate Tribunal, New Delhi, dismissed an appeal regarding the initiation of Corporate Insolvency Resolution Process (CIRP) as the debt in question did not qualify as "operational debt" under Section 5(21) of the IBC. The Tribunal found that the security deposit in question was not directly linked to any goods or services provided, thus falling outside the scope of operational debt. Additionally, the presence of a pre-existing dispute between the parties rendered the application under Section 9 of the IBC not maintainable, in line with legal precedents such as Consolidated Construction Consortium Limited v. Hitro Energy Solutions Pvt. Ltd. and Mobilox Innovations Pvt. Ltd. v. Kirusa Software Pvt. Ltd. The appeal was ultimately dismissed.
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