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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Following the approval of a Resolution Plan in the Corporate Debtor's CIRP, the NCLAT dismissed an appeal challenging provisions that permitted the Successful Resolution Applicant (SRA) to pursue tea garden lease renewals. The Tribunal held that the SRA, having stepped into the Corporate Debtor's position, was entitled to pursue pending renewal applications or file new ones where necessary. The Adjudicating Authority's direction was limited to granting the right to pursue renewals without expressing any opinion on the merits of such applications, which remain within the State Government's domain. The Tribunal clarified that only stakeholders with direct interest in the CIRP have standing to challenge the Resolution Plan, and affirmed that the state's authority over lease decisions remains unaffected.
Following the approval of a Resolution Plan in the Corporate Debtor's CIRP, the NCLAT dismissed an appeal challenging provisions that permitted the Successful Resolution Applicant (SRA) to pursue tea garden lease renewals. The Tribunal held that the SRA, having stepped into the Corporate Debtor's position, was entitled to pursue pending renewal applications or file new ones where necessary. The Adjudicating Authority's direction was limited to granting the right to pursue renewals without expressing any opinion on the merits of such applications, which remain within the State Government's domain. The Tribunal clarified that only stakeholders with direct interest in the CIRP have standing to challenge the Resolution Plan, and affirmed that the state's authority over lease decisions remains unaffected.
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