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 concerning pre-CIRP electricity dues, affirming NCLT's jurisdiction over post-resolution plan disputes under IBC Section 60(5). The Tribunal held that IBC provisions supersede the Electricity Act 2003 per Section 238. The approved resolution plan's binding nature under Section 31(1) extinguished pre-CIRP dues since the appellant electricity company failed to file claims during CIRP. The Successful Resolution Applicant's (SRA) protest payment for electricity restoration was deemed compulsory for business continuation. The ruling established that creditors cannot demand pre-CIRP dues after resolution plan approval without having filed claims during the insolvency process, upholding IBC's primacy in resolving corporate insolvency matters.
NCLAT dismissed an appeal concerning pre-CIRP electricity dues, affirming NCLT's jurisdiction over post-resolution plan disputes under IBC Section 60(5). The Tribunal held that IBC provisions supersede the Electricity Act 2003 per Section 238. The approved resolution plan's binding nature under Section 31(1) extinguished pre-CIRP dues since the appellant electricity company failed to file claims during CIRP. The Successful Resolution Applicant's (SRA) protest payment for electricity restoration was deemed compulsory for business continuation. The ruling established that creditors cannot demand pre-CIRP dues after resolution plan approval without having filed claims during the insolvency process, upholding IBC's primacy in resolving corporate insolvency matters.
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