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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The NCLAT held that GIDC's termination of lease during the moratorium period was clearly prohibited under Section 14(1) of the IBC. The Tribunal ruled that NCLT had jurisdiction under Section 60(5)(c) to entertain the Resolution Professional's application challenging such termination, and erred in directing the RP to approach GIDC's Appellate Authority instead. Additionally, NCLAT determined that the Adjudicating Authority improperly remanded the Resolution Plan to the Committee of Creditors without identifying any non-compliance with Section 30(2) of the IBC. The Supreme Court precedent allows remand only when specific violations of Section 30(2) are found. The appeal was allowed, reversing both the jurisdictional finding and the improper remand of the Resolution Plan.
The NCLAT held that GIDC's termination of lease during the moratorium period was clearly prohibited under Section 14(1) of the IBC. The Tribunal ruled that NCLT had jurisdiction under Section 60(5)(c) to entertain the Resolution Professional's application challenging such termination, and erred in directing the RP to approach GIDC's Appellate Authority instead. Additionally, NCLAT determined that the Adjudicating Authority improperly remanded the Resolution Plan to the Committee of Creditors without identifying any non-compliance with Section 30(2) of the IBC. The Supreme Court precedent allows remand only when specific violations of Section 30(2) are found. The appeal was allowed, reversing both the jurisdictional finding and the improper remand of the Resolution Plan.
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