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 decision of the adjudicating authority dismissing the appeal, confirming the CoC's discretion to permit submission and consideration of a revised resolution plan by a resolution applicant (R-3) even after voting on the appellant's plan had commenced but was not concluded. The CoC validly exercised its power under Clause 2.8.5(d) of the RFRP to evaluate and approve any compliant resolution plan, including the revised plan of R-3 offering a higher bid. The Tribunal found no illegality in the CoC's decision to consider both the appellant's and R-3's revised plans and to continue the voting process accordingly. The adjudicating authority's order dated 16.06.2025 was affirmed, and the appeal was dismissed with no interference, reinforcing the CoC's exclusive authority in resolution plan approval within the CIRP framework.
The NCLAT upheld the decision of the adjudicating authority dismissing the appeal, confirming the CoC's discretion to permit submission and consideration of a revised resolution plan by a resolution applicant (R-3) even after voting on the appellant's plan had commenced but was not concluded. The CoC validly exercised its power under Clause 2.8.5(d) of the RFRP to evaluate and approve any compliant resolution plan, including the revised plan of R-3 offering a higher bid. The Tribunal found no illegality in the CoC's decision to consider both the appellant's and R-3's revised plans and to continue the voting process accordingly. The adjudicating authority's order dated 16.06.2025 was affirmed, and the appeal was dismissed with no interference, reinforcing the CoC's exclusive authority in resolution plan approval within the CIRP framework.
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