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 appeals regarding disputed machinery ownership in insolvency proceedings. The Corporate Debtor (CD) had previously hypothecated the machinery to Financial Creditor (FC) through a loan agreement dated 06.06.2014. Appellant's subsequent claim of machinery being on lease was rejected as no lease deed or payment records were produced. The tribunal noted that CD had created prior charge in favor of FC, claimed depreciation as owner, and the appellant's attempt to remove the asset through a backdated journal entry after CIRP initiation was deemed improper. The machinery was confirmed as CD's property to be included in resolution plan, with the tribunal emphasizing that depreciation claims under tax law establish ownership rather than lease status.
NCLAT dismissed appeals regarding disputed machinery ownership in insolvency proceedings. The Corporate Debtor (CD) had previously hypothecated the machinery to Financial Creditor (FC) through a loan agreement dated 06.06.2014. Appellant's subsequent claim of machinery being on lease was rejected as no lease deed or payment records were produced. The tribunal noted that CD had created prior charge in favor of FC, claimed depreciation as owner, and the appellant's attempt to remove the asset through a backdated journal entry after CIRP initiation was deemed improper. The machinery was confirmed as CD's property to be included in resolution plan, with the tribunal emphasizing that depreciation claims under tax law establish ownership rather than lease status.
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