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 Appellate Tribunal addressed the issue of refund and adjustment of security amount in a claim. It examined Clause 8 of the Claim Form and found that the security amount was already adjusted in the claim itself. The Adjudicating Authority had relied on a Supreme Court judgment concerning the Corporate Insolvency Resolution Process (CIRP), which permitted set-off of accounts under Regulation 29. However, the Appellate Tribunal held that the Adjudicating Authority erred in observing that the anticipated claim adjustment by the Appellant could not be permitted, as the present case involved an actual claim filed with adjustment of the security claim. Consequently, the Appellate Tribunal ruled that the Adjudicating Authority's direction to pay Rs. 1,15,33,600/- could not be sustained, and the Appeal was partly allowed.
The Appellate Tribunal addressed the issue of refund and adjustment of security amount in a claim. It examined Clause 8 of the Claim Form and found that the security amount was already adjusted in the claim itself. The Adjudicating Authority had relied on a Supreme Court judgment concerning the Corporate Insolvency Resolution Process (CIRP), which permitted set-off of accounts under Regulation 29. However, the Appellate Tribunal held that the Adjudicating Authority erred in observing that the anticipated claim adjustment by the Appellant could not be permitted, as the present case involved an actual claim filed with adjustment of the security claim. Consequently, the Appellate Tribunal ruled that the Adjudicating Authority's direction to pay Rs. 1,15,33,600/- could not be sustained, and the Appeal was partly allowed.
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