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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Disciplinary action against a Resolution Professional (RP) for contravention of provisions of the Insolvency and Bankruptcy Code (IBC) and lack of due diligence. RP failed to verify the Resolution Plan, intimate claims, and address specific queries, violating Sections 30(2)(b) and (e), 208(2)(a) and (e) of IBC. RP did not object to the proposal by the Successful Resolution Applicant (SRA) which included comments and legal analysis terming an arbitration award in favor of a claimant as void. Despite legal opinion advising against such comments, RP failed to take cognizance. RP's inaction on indicating precise admitted claim amount violated Regulations 13(2)(a) and (d). The Disciplinary Committee found sufficient basis for issuing show cause notice and suspending RP's registration for one year based on NCLAT's observations of RP's failure in duty. Suspension period within Disciplinary Committee's jurisdiction u/s 220 of IBC. No interference warranted in writ jurisdiction. Writ Petition dismissed.
Disciplinary action against a Resolution Professional (RP) for contravention of provisions of the Insolvency and Bankruptcy Code (IBC) and lack of due diligence. RP failed to verify the Resolution Plan, intimate claims, and address specific queries, violating Sections 30(2)(b) and (e), 208(2)(a) and (e) of IBC. RP did not object to the proposal by the Successful Resolution Applicant (SRA) which included comments and legal analysis terming an arbitration award in favor of a claimant as void. Despite legal opinion advising against such comments, RP failed to take cognizance. RP's inaction on indicating precise admitted claim amount violated Regulations 13(2)(a) and (d). The Disciplinary Committee found sufficient basis for issuing show cause notice and suspending RP's registration for one year based on NCLAT's observations of RP's failure in duty. Suspension period within Disciplinary Committee's jurisdiction u/s 220 of IBC. No interference warranted in writ jurisdiction. Writ Petition dismissed.
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