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 High Court held that once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. All dues not included in the resolution plan stand extinguished, and no proceedings can be initiated or continued regarding any claim for such dues. The impugned reassessment proceedings pertaining to the assessment year 2016-17 relate to the period prior to the approval of the resolution plan and thus cannot be continued or initiated after the plan's approval. The resolution plan was approved on May 6, 2020, and any attempt to reassess the petitioner-assessee for the assessment year 2016-17 would directly conflict with the law declared in Ghanshyam Mishra, prohibiting the continuation of existing proceedings and initiation of new proceedings related to operations prior to the Corporate Insolvency Resolution Process (CIRP) after the resolution plan's approval. Consequently, the reassessment proceedings, predating the CIRP and relating to the period before the resolution plan's approval, stand extinguished. The petitioner-assessee has begun on a clean slate under new ownership and management after completing the CIRP, and the writ petition was quashed.
The High Court held that once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. All dues not included in the resolution plan stand extinguished, and no proceedings can be initiated or continued regarding any claim for such dues. The impugned reassessment proceedings pertaining to the assessment year 2016-17 relate to the period prior to the approval of the resolution plan and thus cannot be continued or initiated after the plan's approval. The resolution plan was approved on May 6, 2020, and any attempt to reassess the petitioner-assessee for the assessment year 2016-17 would directly conflict with the law declared in Ghanshyam Mishra, prohibiting the continuation of existing proceedings and initiation of new proceedings related to operations prior to the Corporate Insolvency Resolution Process (CIRP) after the resolution plan's approval. Consequently, the reassessment proceedings, predating the CIRP and relating to the period before the resolution plan's approval, stand extinguished. The petitioner-assessee has begun on a clean slate under new ownership and management after completing the CIRP, and the writ petition was quashed.
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