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 case involves the Appellant's failure to implement a Resolution Plan approved by the Adjudicating Authority, leading to the question of whether the Appellant's inability to infuse share capital due to the company's inactive status absolves them from their obligations. The NCLAT held that the Appellant's offer to deposit the remaining amount into an Escrow Account does not excuse their failure to adhere to the Resolution Plan timelines. The Adjudicating Authority's refusal to grant waivers and the SRA's mindset of conditional plan implementation were considered. As the Resolution Plan was not implemented, liquidation was deemed necessary under the I&B Code. The Appellant's argument regarding fund infusion hindrance was rejected, leading to the dismissal of the appeal.
The case involves the Appellant's failure to implement a Resolution Plan approved by the Adjudicating Authority, leading to the question of whether the Appellant's inability to infuse share capital due to the company's inactive status absolves them from their obligations. The NCLAT held that the Appellant's offer to deposit the remaining amount into an Escrow Account does not excuse their failure to adhere to the Resolution Plan timelines. The Adjudicating Authority's refusal to grant waivers and the SRA's mindset of conditional plan implementation were considered. As the Resolution Plan was not implemented, liquidation was deemed necessary under the I&B Code. The Appellant's argument regarding fund infusion hindrance was rejected, leading to the dismissal of the appeal.
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