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 upheld the NCLT's order reviving the corporate insolvency petition filed by the financial creditor against the corporate debtor. Despite the existence of a settlement agreement acknowledged by the Adjudicating Authority, the corporate debtor failed to comply fully with its payment obligations under the settlement. The tribunal found that the corporate debtor implicitly admitted non-performance of the settlement terms. Consequently, the financial creditor was entitled to seek revival of the original petition. The Adjudicating Authority acted within its discretion by allowing the revival, balancing the rights of both parties and providing the corporate debtor an opportunity to contest the revival. The appellate tribunal found no error or illegality in the impugned order and dismissed the appeal, affirming the restoration of the insolvency proceedings.
The NCLAT upheld the NCLT's order reviving the corporate insolvency petition filed by the financial creditor against the corporate debtor. Despite the existence of a settlement agreement acknowledged by the Adjudicating Authority, the corporate debtor failed to comply fully with its payment obligations under the settlement. The tribunal found that the corporate debtor implicitly admitted non-performance of the settlement terms. Consequently, the financial creditor was entitled to seek revival of the original petition. The Adjudicating Authority acted within its discretion by allowing the revival, balancing the rights of both parties and providing the corporate debtor an opportunity to contest the revival. The appellate tribunal found no error or illegality in the impugned order and dismissed the appeal, affirming the restoration of the insolvency proceedings.
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