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 an appeal challenging the rejection of a new resolution plan submission. The tribunal held that once a resolution plan is approved by the Committee of Creditors (CoC) and pending before the Adjudicating Authority, the CoC cannot entertain alternative plans. The CoC's approval creates a binding relationship between the CoC and Successful Resolution Applicant (SRA), even prior to the Adjudicating Authority's final approval. The appellant's argument regarding SRA's non-existence due to JV partner withdrawal was insufficient to override this principle. The tribunal affirmed established precedent that CoC lacks authority to consider new resolution plans after approving one that awaits adjudication.
NCLAT dismissed an appeal challenging the rejection of a new resolution plan submission. The tribunal held that once a resolution plan is approved by the Committee of Creditors (CoC) and pending before the Adjudicating Authority, the CoC cannot entertain alternative plans. The CoC's approval creates a binding relationship between the CoC and Successful Resolution Applicant (SRA), even prior to the Adjudicating Authority's final approval. The appellant's argument regarding SRA's non-existence due to JV partner withdrawal was insufficient to override this principle. The tribunal affirmed established precedent that CoC lacks authority to consider new resolution plans after approving one that awaits adjudication.
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