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 exercise of powers under Section 242 of the Companies Act, 2013, confirming the removal of the appellants from management due to prima facie evidence of oppression and mismanagement. The management was vested in Respondents No.1 and 2, who were granted a three-year period to run the company. Despite two years having elapsed, the respondents claim incomplete transfer of company records. Respondents No.1 and 2 have submitted an undertaking to clear the mortgage on company land by repaying loans to Respondent No.6 to facilitate project completion. The appellants' conduct-accepting funds from allottees between 2010 and 2014 without completing construction or repaying loans by 2018-was held against them. The appeal was dismissed, affirming the management transfer and rejecting the appellants' challenge.
The NCLAT upheld the NCLT's exercise of powers under Section 242 of the Companies Act, 2013, confirming the removal of the appellants from management due to prima facie evidence of oppression and mismanagement. The management was vested in Respondents No.1 and 2, who were granted a three-year period to run the company. Despite two years having elapsed, the respondents claim incomplete transfer of company records. Respondents No.1 and 2 have submitted an undertaking to clear the mortgage on company land by repaying loans to Respondent No.6 to facilitate project completion. The appellants' conduct-accepting funds from allottees between 2010 and 2014 without completing construction or repaying loans by 2018-was held against them. The appeal was dismissed, affirming the management transfer and rejecting the appellants' challenge.
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