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 quashed the impugned order dated 21.10.2024 for violating principles of natural justice under Section 99(5) of the Insolvency and Bankruptcy Code, 2016. The Resolution Professional failed to provide the mandatory seven-day notice period to the appellant for furnishing information, instead providing only two days. The tribunal held that once discretion under Section 99(4) is exercised, compliance with the seven-day requirement becomes mandatory. A subsequent reminder letter cannot cure the initial procedural defect, and substantial compliance doctrine is inapplicable where statutory timelines are explicitly prescribed. The matter was remitted back to the Adjudicating Authority with directions to provide proper seven-day notice from receipt of certified copies. Appeal allowed by way of remand.
NCLAT quashed the impugned order dated 21.10.2024 for violating principles of natural justice under Section 99(5) of the Insolvency and Bankruptcy Code, 2016. The Resolution Professional failed to provide the mandatory seven-day notice period to the appellant for furnishing information, instead providing only two days. The tribunal held that once discretion under Section 99(4) is exercised, compliance with the seven-day requirement becomes mandatory. A subsequent reminder letter cannot cure the initial procedural defect, and substantial compliance doctrine is inapplicable where statutory timelines are explicitly prescribed. The matter was remitted back to the Adjudicating Authority with directions to provide proper seven-day notice from receipt of certified copies. Appeal allowed by way of remand.
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