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 NCLAT held that the deposit of Rs.17,12,094/- by VE Commercial Vehicles Limited before the Commercial Tax Department, in response to a notice for reversing the input tax availed by it as the Corporate Debtor had not deposited the GST amount, did not constitute a preferential transaction u/s 43 of the IBC or violation of the moratorium u/s 14. The Commercial Tax Department did not recover any amount from the Corporate Debtor or its assets. VE Commercial Vehicles Limited had merely reversed the input tax benefit taken by it. The NCLAT allowed the appeal and set aside the Adjudicating Authority's order directing VE Commercial Vehicles Limited to refund the amount.
The NCLAT held that the deposit of Rs.17,12,094/- by VE Commercial Vehicles Limited before the Commercial Tax Department, in response to a notice for reversing the input tax availed by it as the Corporate Debtor had not deposited the GST amount, did not constitute a preferential transaction u/s 43 of the IBC or violation of the moratorium u/s 14. The Commercial Tax Department did not recover any amount from the Corporate Debtor or its assets. VE Commercial Vehicles Limited had merely reversed the input tax benefit taken by it. The NCLAT allowed the appeal and set aside the Adjudicating Authority's order directing VE Commercial Vehicles Limited to refund the amount.
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