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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CESTAT dismissed the appeal filed by the corporate debtor seeking refund claims post-approval of resolution plan under IBC. The tribunal held that once a resolution plan is approved under Section 31(1) of IBC, the original corporate debtor's identity ceases to exist, and it cannot pursue any litigation including refund claims. Relying on Supreme Court precedents in Ghanashyam Mishra and Swiss Ribbons, CESTAT ruled that allowing such claims would discourage bona fide successors and undermine IBC objectives. The tribunal emphasized that corporate debtor's status remains unchanged whether appeal concerns demand or refund - no litigation can be initiated or continued post-resolution plan approval. The appeal was found without merit and declared non-entertainable.
CESTAT dismissed the appeal filed by the corporate debtor seeking refund claims post-approval of resolution plan under IBC. The tribunal held that once a resolution plan is approved under Section 31(1) of IBC, the original corporate debtor's identity ceases to exist, and it cannot pursue any litigation including refund claims. Relying on Supreme Court precedents in Ghanashyam Mishra and Swiss Ribbons, CESTAT ruled that allowing such claims would discourage bona fide successors and undermine IBC objectives. The tribunal emphasized that corporate debtor's status remains unchanged whether appeal concerns demand or refund - no litigation can be initiated or continued post-resolution plan approval. The appeal was found without merit and declared non-entertainable.
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