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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In this NCLAT decision, the Tribunal affirmed its jurisdiction under IBC Section 60(5)(c) to adjudicate maintenance disputes during CIRP. The case involved Supernova Apartment Owners Association seeking to take over maintenance from YG Estates, an agency appointed by the corporate debtor. The Tribunal ruled that since CIRP had commenced against the corporate debtor, all assets including the Supernova project fell under IRP supervision. The registered association under the UP Apartment Act 2010 has statutory rights to assume maintenance responsibilities. YG Estates, merely an agency of the corporate debtor, cannot resist handover to a properly registered association. The NCLAT directed YG Estates to transfer maintenance to the association within seven days.
In this NCLAT decision, the Tribunal affirmed its jurisdiction under IBC Section 60(5)(c) to adjudicate maintenance disputes during CIRP. The case involved Supernova Apartment Owners Association seeking to take over maintenance from YG Estates, an agency appointed by the corporate debtor. The Tribunal ruled that since CIRP had commenced against the corporate debtor, all assets including the Supernova project fell under IRP supervision. The registered association under the UP Apartment Act 2010 has statutory rights to assume maintenance responsibilities. YG Estates, merely an agency of the corporate debtor, cannot resist handover to a properly registered association. The NCLAT directed YG Estates to transfer maintenance to the association within seven days.
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