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 affirmed NCLT's jurisdiction to address pre-CIRP dues refund applications under Section 60(5)(c). The tribunal held that all pre-CIRP claims were extinguished upon resolution plan approval, where appellant's claim of 2,32,13,387 was settled for 4,64,003. The respondent's request for refund of pre-CIRP payments was granted, as these payments were made under duress to maintain electricity supply. The tribunal emphasized that post-resolution plan approval, no additional pre-CIRP claims could be entertained, following precedents from SC judgments in Paschimanchal Vidyut and Ghanshyam Mishra cases. The appellant was barred from recovering any pre-CIRP dues beyond the approved resolution plan amount.
NCLAT affirmed NCLT's jurisdiction to address pre-CIRP dues refund applications under Section 60(5)(c). The tribunal held that all pre-CIRP claims were extinguished upon resolution plan approval, where appellant's claim of 2,32,13,387 was settled for 4,64,003. The respondent's request for refund of pre-CIRP payments was granted, as these payments were made under duress to maintain electricity supply. The tribunal emphasized that post-resolution plan approval, no additional pre-CIRP claims could be entertained, following precedents from SC judgments in Paschimanchal Vidyut and Ghanshyam Mishra cases. The appellant was barred from recovering any pre-CIRP dues beyond the approved resolution plan amount.
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