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 the Adjudicating Authority's decision approving private sale through Swiss Challenge Mechanism for Corporate Debtor's liquidation. The Tribunal confirmed that Swiss Challenge is a valid, transparent method for asset sales under IBC framework. Liquidator's decision to grant Right of First Refusal (RoFR) to OASPL as base bidder was within statutory authority, supported by Stakeholder's Consultation Committee. While anchor bidders have no indefeasible rights per Supreme Court's R.K. Industries precedent, the mechanism remains consistent with natural justice principles and IBC regulations. NCLAT dismissed the appeal, finding no jurisdictional overreach in Liquidator's actions and affirming that Discussion Papers from IBBI serve advisory purposes without affecting statutory framework.
NCLAT upheld the Adjudicating Authority's decision approving private sale through Swiss Challenge Mechanism for Corporate Debtor's liquidation. The Tribunal confirmed that Swiss Challenge is a valid, transparent method for asset sales under IBC framework. Liquidator's decision to grant Right of First Refusal (RoFR) to OASPL as base bidder was within statutory authority, supported by Stakeholder's Consultation Committee. While anchor bidders have no indefeasible rights per Supreme Court's R.K. Industries precedent, the mechanism remains consistent with natural justice principles and IBC regulations. NCLAT dismissed the appeal, finding no jurisdictional overreach in Liquidator's actions and affirming that Discussion Papers from IBBI serve advisory purposes without affecting statutory framework.
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