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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NCLAT dismissed appeal regarding distribution of liquidation proceeds under IBC's waterfall mechanism. Following failed CIRP, dispute arose over distribution method - whether based on security interest or pro-rata as per admitted claims under Section 53(1). Tribunal upheld earlier precedent from Oriental Bank case, rejecting exclusive distribution to creditor with charge over corporate debtor's property. Stakeholder undertakings regarding return of excess distributions under Regulation 43 of Liquidation Process Regulations were deemed not to affect redistribution rights. Adjudicating Authority's direction for pro-rata distribution based on admitted claims of Financial Creditors was affirmed as legally sound.
NCLAT dismissed appeal regarding distribution of liquidation proceeds under IBC's waterfall mechanism. Following failed CIRP, dispute arose over distribution method - whether based on security interest or pro-rata as per admitted claims under Section 53(1). Tribunal upheld earlier precedent from Oriental Bank case, rejecting exclusive distribution to creditor with charge over corporate debtor's property. Stakeholder undertakings regarding return of excess distributions under Regulation 43 of Liquidation Process Regulations were deemed not to affect redistribution rights. Adjudicating Authority's direction for pro-rata distribution based on admitted claims of Financial Creditors was affirmed as legally sound.
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