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 termination of CIRP was justified where Corporate Debtor possessed sufficient funds (Rs 7 Cr) to fully repay Operational Creditors' admitted claim of Rs 26 lakhs. The CoC's persistent refusal to accept repayment demonstrated an ulterior motive to push the Corporate Debtor into insolvency, constituting misuse of Insolvency and Bankruptcy Code. The Tribunal found the Resolution Professional's fees disproportionate, reducing monthly remuneration and directing refund of excess charges, particularly those charged during CIRP stay period. The Appellate Tribunal ultimately dismissed the appeal, affirming the Adjudicating Authority's order terminating CIRP and protecting the Corporate Debtor's revival potential.
NCLAT held that termination of CIRP was justified where Corporate Debtor possessed sufficient funds (Rs 7 Cr) to fully repay Operational Creditors' admitted claim of Rs 26 lakhs. The CoC's persistent refusal to accept repayment demonstrated an ulterior motive to push the Corporate Debtor into insolvency, constituting misuse of Insolvency and Bankruptcy Code. The Tribunal found the Resolution Professional's fees disproportionate, reducing monthly remuneration and directing refund of excess charges, particularly those charged during CIRP stay period. The Appellate Tribunal ultimately dismissed the appeal, affirming the Adjudicating Authority's order terminating CIRP and protecting the Corporate Debtor's revival potential.
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