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 upheld that electricity supply cannot be discontinued during CIRP period under Section 14(2) of IBC, even if payment is pending. The tribunal determined electricity as an essential supply within Regulation 32 of CIRP Regulations, requiring protection during moratorium. While unpaid electricity dues form part of CIRP costs, the Resolution Professional must endeavor to clear outstanding payments, potentially through interim finance. The tribunal directed continuation of electricity supply necessary for manufacturing facilities, emphasizing that non-payment cannot justify discontinuation. IBBI was advised to expedite proposed amendments to Regulation 32 to address operational issues regarding essential services during CIRP. The appeal was disposed of with directions to maintain power supply to the corporate debtor.
NCLAT upheld that electricity supply cannot be discontinued during CIRP period under Section 14(2) of IBC, even if payment is pending. The tribunal determined electricity as an essential supply within Regulation 32 of CIRP Regulations, requiring protection during moratorium. While unpaid electricity dues form part of CIRP costs, the Resolution Professional must endeavor to clear outstanding payments, potentially through interim finance. The tribunal directed continuation of electricity supply necessary for manufacturing facilities, emphasizing that non-payment cannot justify discontinuation. IBBI was advised to expedite proposed amendments to Regulation 32 to address operational issues regarding essential services during CIRP. The appeal was disposed of with directions to maintain power supply to the corporate debtor.
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