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 adjudicating authority has jurisdiction to cancel a registered General Power of Attorney (PoA) executed in favor of the appellant, who was a nominee of the corporate debtor, when a resolution plan is approved by the committee of creditors (CoC). The PoA was given to facilitate development of property by the corporate debtor, and upon approval of the resolution plan, the successful resolution applicant takes over the corporate debtor and its functions. The appellant, being a suspended director, cannot assert rights over the property or create obstacles in the corporate debtor's revival. The Supreme Court has upheld the residuary jurisdiction of adjudicating authorities and the enforceability of approved resolution plans, even if they contain clauses contemplating withdrawal. The NCLT/NCLAT's jurisdiction is limited to examining compliance with Section 30(2) of the Insolvency and Bankruptcy Code. The appellant failed to demonstrate any grounds for faulting the resolution plan's approval.
The adjudicating authority has jurisdiction to cancel a registered General Power of Attorney (PoA) executed in favor of the appellant, who was a nominee of the corporate debtor, when a resolution plan is approved by the committee of creditors (CoC). The PoA was given to facilitate development of property by the corporate debtor, and upon approval of the resolution plan, the successful resolution applicant takes over the corporate debtor and its functions. The appellant, being a suspended director, cannot assert rights over the property or create obstacles in the corporate debtor's revival. The Supreme Court has upheld the residuary jurisdiction of adjudicating authorities and the enforceability of approved resolution plans, even if they contain clauses contemplating withdrawal. The NCLT/NCLAT's jurisdiction is limited to examining compliance with Section 30(2) of the Insolvency and Bankruptcy Code. The appellant failed to demonstrate any grounds for faulting the resolution plan's approval.
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