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 ruled on NCLT's authority to modify resolution plans under IBC. Court held NCLT's powers do not extend to examining CoC's commercial wisdom or conducting quantitative analysis for specific creditors when mandatory requirements are met. Resolution plan approved with 79.10% voting share was deemed valid. NCLT lacks jurisdiction to direct distribution of recoverable amounts among creditors while approving plans. Regarding dissenting financial creditor's standing, NCLAT followed SC precedent that such creditors cannot challenge CoC-approved plans unless proceeds fall below Section 53(1) entitlements. Appeals by dissenting creditor dismissed as afterthought, noting their prior participation in CoC meetings and negotiations. Original modifications to resolution plan set aside in related appeals.
NCLAT ruled on NCLT's authority to modify resolution plans under IBC. Court held NCLT's powers do not extend to examining CoC's commercial wisdom or conducting quantitative analysis for specific creditors when mandatory requirements are met. Resolution plan approved with 79.10% voting share was deemed valid. NCLT lacks jurisdiction to direct distribution of recoverable amounts among creditors while approving plans. Regarding dissenting financial creditor's standing, NCLAT followed SC precedent that such creditors cannot challenge CoC-approved plans unless proceeds fall below Section 53(1) entitlements. Appeals by dissenting creditor dismissed as afterthought, noting their prior participation in CoC meetings and negotiations. Original modifications to resolution plan set aside in related appeals.
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