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 held that the interim stay on the admission order under Section 7 did not quash but kept it in abeyance, maintaining the moratorium's nature and proceedings in rem. The application by ARCIL seeking reversal of amounts withdrawn by lenders during the stay was not barred by res judicata, issue estoppel, or merger, as these principles did not apply to the unadjudicated withdrawal issue. On the principle of restitution, lenders who withdrew over Rs.143 crore during the interim period were directed to restore the funds to the corporate debtor's account. The IRP's application to redefine the insolvency commencement date was rightly rejected, as the IRP failed to act in the corporate debtor's interest. The Adjudicating Authority's refusal to grant interest on the refunded amount was upheld, given the current account nature and contractual rights of the lenders. All appeals were dismissed for lack of merit.
The NCLAT held that the interim stay on the admission order under Section 7 did not quash but kept it in abeyance, maintaining the moratorium's nature and proceedings in rem. The application by ARCIL seeking reversal of amounts withdrawn by lenders during the stay was not barred by res judicata, issue estoppel, or merger, as these principles did not apply to the unadjudicated withdrawal issue. On the principle of restitution, lenders who withdrew over Rs.143 crore during the interim period were directed to restore the funds to the corporate debtor's account. The IRP's application to redefine the insolvency commencement date was rightly rejected, as the IRP failed to act in the corporate debtor's interest. The Adjudicating Authority's refusal to grant interest on the refunded amount was upheld, given the current account nature and contractual rights of the lenders. All appeals were dismissed for lack of merit.
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