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 non-submission of Repayment Plan by Personal Guarantor constitutes deemed rejection under Section 114 of Insolvency and Bankruptcy Code, 2016. The Tribunal affirmed Adjudicating Authority's order permitting Creditors to initiate bankruptcy proceedings under Chapter IV, finding no violation of natural justice. The decision establishes that Personal Guarantor cannot leverage procedural technicalities to circumvent bankruptcy process when Repayment Plan remains unsubmitted. Consequently, the appeal was dismissed, validating the lower court's interpretation of Sections 114, 115(2), and 121(1)(b) of the Code.
NCLAT held that non-submission of Repayment Plan by Personal Guarantor constitutes deemed rejection under Section 114 of Insolvency and Bankruptcy Code, 2016. The Tribunal affirmed Adjudicating Authority's order permitting Creditors to initiate bankruptcy proceedings under Chapter IV, finding no violation of natural justice. The decision establishes that Personal Guarantor cannot leverage procedural technicalities to circumvent bankruptcy process when Repayment Plan remains unsubmitted. Consequently, the appeal was dismissed, validating the lower court's interpretation of Sections 114, 115(2), and 121(1)(b) of the Code.
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