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 a petition under IBC Section 10-A was not maintainable where default continued beyond the COVID-19 moratorium period. While Section 10-A prohibits CIRP initiation for defaults occurring between March 25, 2020, and subsequent six months (extendable up to one year), this protection does not extend to continuing defaults beyond the moratorium. The proviso barring future CIRP applications applies strictly to defaults during the specified period. Where default persisted after moratorium expiry, NCLT retained jurisdiction to entertain CIRP petitions. The court rejected the argument that Section 10-A bars proceedings even for continuing defaults and found no jurisdictional error in NCLT entertaining such matters. Petition dismissed, affirming NCLT's authority.
HC determined that a petition under IBC Section 10-A was not maintainable where default continued beyond the COVID-19 moratorium period. While Section 10-A prohibits CIRP initiation for defaults occurring between March 25, 2020, and subsequent six months (extendable up to one year), this protection does not extend to continuing defaults beyond the moratorium. The proviso barring future CIRP applications applies strictly to defaults during the specified period. Where default persisted after moratorium expiry, NCLT retained jurisdiction to entertain CIRP petitions. The court rejected the argument that Section 10-A bars proceedings even for continuing defaults and found no jurisdictional error in NCLT entertaining such matters. Petition dismissed, affirming NCLT's authority.
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