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 held that tribunal orders under Section 241 & 242 of Companies Act are enforceable as decrees under Section 424(3), but do not constitute formal decrees under CPC. The Adjudicating Authority correctly rejected applications seeking decree formulation, recognizing that tribunal orders have inherent power to modulate relief to meet justice without adopting rigid procedural formalities. The tribunal's order remains executable as a decree, but cannot be technically drawn as a traditional civil court decree. The appeal was disposed of, affirming the tribunal's discretionary power to determine appropriate relief mechanisms while maintaining the substantive intent of the original adjudication.
NCLAT held that tribunal orders under Section 241 & 242 of Companies Act are enforceable as decrees under Section 424(3), but do not constitute formal decrees under CPC. The Adjudicating Authority correctly rejected applications seeking decree formulation, recognizing that tribunal orders have inherent power to modulate relief to meet justice without adopting rigid procedural formalities. The tribunal's order remains executable as a decree, but cannot be technically drawn as a traditional civil court decree. The appeal was disposed of, affirming the tribunal's discretionary power to determine appropriate relief mechanisms while maintaining the substantive intent of the original adjudication.
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