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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The NCLAT allowed the appeal, setting aside the NCLT's rejection of the resolution plan despite its approval by 98.57% of the CoC, emphasizing that the adjudicating authority cannot substitute its commercial wisdom for that of the CoC absent contravention of law or public interest. The Tribunal found no procedural impropriety by the RP in managing the CIRP or safeguarding corporate assets, rejecting adverse findings without conclusive evidence on title issues. It held that valuation and financial considerations fall within the CoC's domain and are not subject to judicial re-evaluation. The NCLAT directed the adjudicating authority to remit the resolution plan to the CoC for reconsideration in light of earlier raised queries, endorsing the CoC's prerogative to convene meetings post-approval pending adjudicatory sanction. The impugned order was quashed, restoring the primacy of the CoC's commercial decision-making under the IBC framework.
The NCLAT allowed the appeal, setting aside the NCLT's rejection of the resolution plan despite its approval by 98.57% of the CoC, emphasizing that the adjudicating authority cannot substitute its commercial wisdom for that of the CoC absent contravention of law or public interest. The Tribunal found no procedural impropriety by the RP in managing the CIRP or safeguarding corporate assets, rejecting adverse findings without conclusive evidence on title issues. It held that valuation and financial considerations fall within the CoC's domain and are not subject to judicial re-evaluation. The NCLAT directed the adjudicating authority to remit the resolution plan to the CoC for reconsideration in light of earlier raised queries, endorsing the CoC's prerogative to convene meetings post-approval pending adjudicatory sanction. The impugned order was quashed, restoring the primacy of the CoC's commercial decision-making under the IBC framework.
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