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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Appellant, as purchaser of asset, not liable for past electricity dues of Corporate Debtor (CD). New electricity connection obtainable on payment of statutory dues, excluding past dues. NCLAT reiterated past dues cannot be claimed for new connection grant. Sale certificate issued on 'as is where is' basis. Question framed: Can CD's electricity dues be insisted upon Successful Resolution Applicant/Auction Purchaser? Telangana case distinguished; view taken that when CD sold in liquidation, it cannot be burdened with past unpaid liabilities. Adjudicating Authority's dismissal of appellant's application erroneous. Appeal allowed, impugned order set aside without costs.
Appellant, as purchaser of asset, not liable for past electricity dues of Corporate Debtor (CD). New electricity connection obtainable on payment of statutory dues, excluding past dues. NCLAT reiterated past dues cannot be claimed for new connection grant. Sale certificate issued on 'as is where is' basis. Question framed: Can CD's electricity dues be insisted upon Successful Resolution Applicant/Auction Purchaser? Telangana case distinguished; view taken that when CD sold in liquidation, it cannot be burdened with past unpaid liabilities. Adjudicating Authority's dismissal of appellant's application erroneous. Appeal allowed, impugned order set aside without costs.
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