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 (NCLAT) considered the approval of a resolution plan by the Successful Resolution Applicant (SRA), focusing on valuation processes and compliance with Section 29-A(f) of the Insolvency and Bankruptcy Code. The appellant's claims of irregularities in valuation and alleged ban by SEBI on SRA's promoters were deemed unsubstantiated. The Tribunal emphasized that the Committee of Creditors' (CoC) decision to approve the plan, supported by 100% voting share, is a commercial decision not subject to judicial interference unless noncompliance with Section 30(2) of IBC is proven. The Adjudicating Authority's approval of the plan and rejection of the appellant's objections were upheld, leading to the dismissal of the appeal.
The National Company Law Appellate Tribunal (NCLAT) considered the approval of a resolution plan by the Successful Resolution Applicant (SRA), focusing on valuation processes and compliance with Section 29-A(f) of the Insolvency and Bankruptcy Code. The appellant's claims of irregularities in valuation and alleged ban by SEBI on SRA's promoters were deemed unsubstantiated. The Tribunal emphasized that the Committee of Creditors' (CoC) decision to approve the plan, supported by 100% voting share, is a commercial decision not subject to judicial interference unless noncompliance with Section 30(2) of IBC is proven. The Adjudicating Authority's approval of the plan and rejection of the appellant's objections were upheld, leading to the dismissal of the appeal.
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