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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HC determined that the petitioner's challenge to contract termination by Union of India was untenable. The Corporate Debtor's business and assets were acquired by Mr. Swapnil Waghchoure through an Acquisition Agreement during liquidation proceedings. Following IBC principles and precedent from Ghanshyam Mishra case, all prior claims not included in resolution plans stand extinguished. Evidence showed that government departments had terminated contracts before CIRP initiation, with pending recovery notices exceeding INR 100 Crore. While NCLT had temporarily stayed government actions on terminated contracts, the petitioner ceased to exist post-acquisition. The HC concluded that since the original contracting entity no longer existed and contracts were validly terminated pre-CIRP, the petition lacked merit and was accordingly dismissed.
HC determined that the petitioner's challenge to contract termination by Union of India was untenable. The Corporate Debtor's business and assets were acquired by Mr. Swapnil Waghchoure through an Acquisition Agreement during liquidation proceedings. Following IBC principles and precedent from Ghanshyam Mishra case, all prior claims not included in resolution plans stand extinguished. Evidence showed that government departments had terminated contracts before CIRP initiation, with pending recovery notices exceeding INR 100 Crore. While NCLT had temporarily stayed government actions on terminated contracts, the petitioner ceased to exist post-acquisition. The HC concluded that since the original contracting entity no longer existed and contracts were validly terminated pre-CIRP, the petition lacked merit and was accordingly dismissed.
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