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 dismissal of Section 7 application as barred under Section 10A of IBC, 2016. The tribunal found that IDBI Bank's guarantee invocation on 05.03.2021 falls within the moratorium period. The court interpreted guarantee deed clauses 7-11 as enabling lender's right to invoke guarantee, with clause 25 not rendering prior clauses unworkable. While affirming the adjudicating authority's order, NCLAT granted liberty to file fresh Section 7 application for defaults post 24.03.2021. The appeal was disposed of, maintaining the original order's rejection of insolvency proceedings during the statutory moratorium period.
NCLAT upheld dismissal of Section 7 application as barred under Section 10A of IBC, 2016. The tribunal found that IDBI Bank's guarantee invocation on 05.03.2021 falls within the moratorium period. The court interpreted guarantee deed clauses 7-11 as enabling lender's right to invoke guarantee, with clause 25 not rendering prior clauses unworkable. While affirming the adjudicating authority's order, NCLAT granted liberty to file fresh Section 7 application for defaults post 24.03.2021. The appeal was disposed of, maintaining the original order's rejection of insolvency proceedings during the statutory moratorium period.
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