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 dismissed the appeal challenging the order and connected applications. The appellant sought to restore certain commercial complex assets as their property and restrain the RP and SRA from dealing with them, relying on a settlement agreement dated 30.05.2023. However, the Tribunal upheld that the assets were duly disclosed as belonging to the Corporate Debtor (CD) in the Information Memorandum and confirmed that the Resolution Plan was approved on 19.07.2020. Consequently, the appellant's claim to the assets was rejected. The Tribunal further noted that the SRA is entitled to deal with the assets per Regulation 37(1)(a) of the IBBI (CIRP) Regulations, 2016. The IA for approval of the Resolution Plan was remitted back to the CoC. The prayers to set aside the impugned order were refused and the appeal was dismissed.
The NCLAT dismissed the appeal challenging the order and connected applications. The appellant sought to restore certain commercial complex assets as their property and restrain the RP and SRA from dealing with them, relying on a settlement agreement dated 30.05.2023. However, the Tribunal upheld that the assets were duly disclosed as belonging to the Corporate Debtor (CD) in the Information Memorandum and confirmed that the Resolution Plan was approved on 19.07.2020. Consequently, the appellant's claim to the assets was rejected. The Tribunal further noted that the SRA is entitled to deal with the assets per Regulation 37(1)(a) of the IBBI (CIRP) Regulations, 2016. The IA for approval of the Resolution Plan was remitted back to the CoC. The prayers to set aside the impugned order were refused and the appeal was dismissed.
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