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 upheld CoC's discretion in approving resolution plan based on security interest rather than vote share of financial creditors. The tribunal confirmed that post-amendment Section 30(4) empowers CoC to consider security interest priority while approving distribution mechanism. The dissenting financial creditor's claim for distribution based on security interest was rejected as the approved plan satisfied Section 30(2)(b) requirements by offering above liquidation value. The CoC's commercial wisdom in choosing distribution method was deemed final and binding on all creditors. The appeal challenging the Adjudicating Authority's order was dismissed, affirming that CoC's decision aligned with statutory provisions and required no interference.
NCLAT upheld CoC's discretion in approving resolution plan based on security interest rather than vote share of financial creditors. The tribunal confirmed that post-amendment Section 30(4) empowers CoC to consider security interest priority while approving distribution mechanism. The dissenting financial creditor's claim for distribution based on security interest was rejected as the approved plan satisfied Section 30(2)(b) requirements by offering above liquidation value. The CoC's commercial wisdom in choosing distribution method was deemed final and binding on all creditors. The appeal challenging the Adjudicating Authority's order was dismissed, affirming that CoC's decision aligned with statutory provisions and required no interference.
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