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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HC allowed the civil revision application and quashed the trial court's order dated 23.11.2023. The court held that respondent's suit filed on 21.02.2022 against applicant company was barred under moratorium provisions of Section 14 IBC, which remained effective from 30.08.2021 to 19.05.2023. The suit was filed during subsistence of moratorium while suppressing this material fact. HC ruled that plaint was liable for rejection under Order 7 Rule 11 read with Section 151 CPC, as IBC being special legislation with overriding effect prohibited initiation of proceedings during moratorium period. The trial court's refusal to reject the plaint was erroneous and contrary to settled legal position regarding moratorium's binding effect.
HC allowed the civil revision application and quashed the trial court's order dated 23.11.2023. The court held that respondent's suit filed on 21.02.2022 against applicant company was barred under moratorium provisions of Section 14 IBC, which remained effective from 30.08.2021 to 19.05.2023. The suit was filed during subsistence of moratorium while suppressing this material fact. HC ruled that plaint was liable for rejection under Order 7 Rule 11 read with Section 151 CPC, as IBC being special legislation with overriding effect prohibited initiation of proceedings during moratorium period. The trial court's refusal to reject the plaint was erroneous and contrary to settled legal position regarding moratorium's binding effect.
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