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 Income Tax Appellate Tribunal dismissed the appeals filed by a company in liquidation process against income tax proceedings due to the moratorium imposed u/s 14 of the Insolvency and Bankruptcy Code, 2016. The moratorium prohibits continuation of pending suits or proceedings against the corporate debtor during the insolvency resolution process. The Tribunal relied on Supreme Court and High Court judgments which held that even arbitration proceedings cannot continue after the moratorium, and appeals by the company cannot be sustained without permission from the National Company Law Tribunal or proper authorization by the Insolvency Resolution Professional. The appeals were dismissed with liberty to refile after the moratorium period, if desired, by making the representative of the Committee of Creditors a party.
The Income Tax Appellate Tribunal dismissed the appeals filed by a company in liquidation process against income tax proceedings due to the moratorium imposed u/s 14 of the Insolvency and Bankruptcy Code, 2016. The moratorium prohibits continuation of pending suits or proceedings against the corporate debtor during the insolvency resolution process. The Tribunal relied on Supreme Court and High Court judgments which held that even arbitration proceedings cannot continue after the moratorium, and appeals by the company cannot be sustained without permission from the National Company Law Tribunal or proper authorization by the Insolvency Resolution Professional. The appeals were dismissed with liberty to refile after the moratorium period, if desired, by making the representative of the Committee of Creditors a party.
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