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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Appellant's counter claim against the Corporate Debtor was held not maintainable within CIRP proceedings. Claims not included in the approved Resolution Plan stand extinguished. Section 60(5) of the IBC cannot be invoked to challenge extinguishment of claims post Resolution Plan approval, as it would delay proceedings and distort the Code's object. The time-bound CIRP process precludes entertaining claims outside the Resolution Plan's purview to avoid delays. The NCLAT dismissed the appeal, upholding the Adjudicating Authority's reliance on the Supreme Court's judgment in Adani Power Ltd. v. Shapoorji Pallonji & Co. Pvt. Ltd.
Appellant's counter claim against the Corporate Debtor was held not maintainable within CIRP proceedings. Claims not included in the approved Resolution Plan stand extinguished. Section 60(5) of the IBC cannot be invoked to challenge extinguishment of claims post Resolution Plan approval, as it would delay proceedings and distort the Code's object. The time-bound CIRP process precludes entertaining claims outside the Resolution Plan's purview to avoid delays. The NCLAT dismissed the appeal, upholding the Adjudicating Authority's reliance on the Supreme Court's judgment in Adani Power Ltd. v. Shapoorji Pallonji & Co. Pvt. Ltd.
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