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 NCLT's order rejecting Resolution Professional's application to issue fresh Form G for inviting new Expression of Interest from prospective resolution applicants. NCLT had erroneously relied on Committee of Creditors' earlier decision in separate JSW application while ignoring CoC's subsequent commercial wisdom supporting fresh EoI invitation. NCLAT held that I&B Code 2016 and IBBI Regulations create no absolute legal embargo against fresh Form G issuance post-resolution plan submission or voting completion. Court found RP's proposal meritorious as fresh EoI would increase competition, likely resulting in higher bids, ensure fairness by allowing existing resolution applicants to participate in challenge mechanism, and promote transparency. Despite time extension concerns, NCLAT granted relief permitting fresh Form G issuance subject to strict adherence to statutory timelines for completing Corporate Insolvency Resolution Process, emphasizing value maximization objective under I&B Code.
NCLAT quashed NCLT's order rejecting Resolution Professional's application to issue fresh Form G for inviting new Expression of Interest from prospective resolution applicants. NCLT had erroneously relied on Committee of Creditors' earlier decision in separate JSW application while ignoring CoC's subsequent commercial wisdom supporting fresh EoI invitation. NCLAT held that I&B Code 2016 and IBBI Regulations create no absolute legal embargo against fresh Form G issuance post-resolution plan submission or voting completion. Court found RP's proposal meritorious as fresh EoI would increase competition, likely resulting in higher bids, ensure fairness by allowing existing resolution applicants to participate in challenge mechanism, and promote transparency. Despite time extension concerns, NCLAT granted relief permitting fresh Form G issuance subject to strict adherence to statutory timelines for completing Corporate Insolvency Resolution Process, emphasizing value maximization objective under I&B Code.
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