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 Appellant contended that its claim should be treated as a secured debt u/s 30 of the Insolvency and Bankruptcy Code (IBC), rather than as an unsecured debt. However, the NCLAT rejected this argument, distinguishing the present case from the Supreme Court's decision in Rainbow Papers, which dealt with Section 48 of the Gujarat Value Added Tax (GVAT) Act. The NCLAT held that Section 37 of the Maharashtra Value Added Tax (MVAT) Act and Section 33 of the MPVAT Act are not pari materia (on the same footing) with Section 48 of the GVAT Act. The NCLAT relied on its previous decision in Zicom Saas, where it was held that these provisions are not comparable to Section 48 of the GVAT Act. Consequently, the Appellant cannot claim the benefit of the Rainbow Papers decision. The NCLAT also referred to the Supreme Court's ruling in KTC Tyres, which held that workmen's dues and secured creditors' debts have priority over tax dues. Ultimately, the NCLAT dismissed the appeal, finding no merit in the Appellant's contention.
The Appellant contended that its claim should be treated as a secured debt u/s 30 of the Insolvency and Bankruptcy Code (IBC), rather than as an unsecured debt. However, the NCLAT rejected this argument, distinguishing the present case from the Supreme Court's decision in Rainbow Papers, which dealt with Section 48 of the Gujarat Value Added Tax (GVAT) Act. The NCLAT held that Section 37 of the Maharashtra Value Added Tax (MVAT) Act and Section 33 of the MPVAT Act are not pari materia (on the same footing) with Section 48 of the GVAT Act. The NCLAT relied on its previous decision in Zicom Saas, where it was held that these provisions are not comparable to Section 48 of the GVAT Act. Consequently, the Appellant cannot claim the benefit of the Rainbow Papers decision. The NCLAT also referred to the Supreme Court's ruling in KTC Tyres, which held that workmen's dues and secured creditors' debts have priority over tax dues. Ultimately, the NCLAT dismissed the appeal, finding no merit in the Appellant's contention.
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