Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The appellants contended that the insolvency resolution process was not conducted as per the Code and due process was not followed, with bank account details being shared at a belated stage. However, the NCLT held that the appellants failed to comply with the repayment plan conditions and deposit the required amount, constituting a breach under Regulation 20 of the IBBI (Insolvency Resolution Process for Personal Guarantors) Regulations, 2019. The RP was within his rights to submit a report u/s 118(2) of the Code. Initial installment payments cannot excuse subsequent defaults in the repayment schedule. The NCLAT found no apparent factual or legal flaws in the impugned orders declining to recall the orders declaring premature end of the repayment plan and granting liberty to proceed u/s 121 of the Code. The appeal was disposed of.
The appellants contended that the insolvency resolution process was not conducted as per the Code and due process was not followed, with bank account details being shared at a belated stage. However, the NCLT held that the appellants failed to comply with the repayment plan conditions and deposit the required amount, constituting a breach under Regulation 20 of the IBBI (Insolvency Resolution Process for Personal Guarantors) Regulations, 2019. The RP was within his rights to submit a report u/s 118(2) of the Code. Initial installment payments cannot excuse subsequent defaults in the repayment schedule. The NCLAT found no apparent factual or legal flaws in the impugned orders declining to recall the orders declaring premature end of the repayment plan and granting liberty to proceed u/s 121 of the Code. The appeal was disposed of.
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