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 suspended board members lack locus standi to challenge the Resolution Plan under IBC Section 61. The Tribunal affirmed the Committee of Creditors' commercial wisdom, finding the Resolution Plan valid despite minimal allocation to employees/workmen. The Plan's distribution mechanism was deemed compliant with statutory requirements, as operational creditors would receive amounts exceeding liquidation value. The Appellate Tribunal emphasized that judicial review under Section 31 is limited, and the CoC's decision-making authority remains paramount. Consequently, the appeal was dismissed, upholding the original resolution plan approval.
NCLAT held that suspended board members lack locus standi to challenge the Resolution Plan under IBC Section 61. The Tribunal affirmed the Committee of Creditors' commercial wisdom, finding the Resolution Plan valid despite minimal allocation to employees/workmen. The Plan's distribution mechanism was deemed compliant with statutory requirements, as operational creditors would receive amounts exceeding liquidation value. The Appellate Tribunal emphasized that judicial review under Section 31 is limited, and the CoC's decision-making authority remains paramount. Consequently, the appeal was dismissed, upholding the original resolution plan approval.
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