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 SC dismissed the appeal challenging the NCLAT's order affirming that the Resolution Professional failed to prove physical possession of the disputed 10.81 acres of land. The Court found sufficient material establishing that the Corporate Debtor remains in possession of the land over which it claims development rights. The adjudication of possession issues lies with the Civil Court, and the owners' plea for exclusion of the Corporate Debtor from the CIRP was rejected. The SC held no grounds existed to interfere with the NCLAT's decision, thereby upholding the continuation of the CIRP with the Corporate Debtor in possession. The appeals were accordingly dismissed.
The SC dismissed the appeal challenging the NCLAT's order affirming that the Resolution Professional failed to prove physical possession of the disputed 10.81 acres of land. The Court found sufficient material establishing that the Corporate Debtor remains in possession of the land over which it claims development rights. The adjudication of possession issues lies with the Civil Court, and the owners' plea for exclusion of the Corporate Debtor from the CIRP was rejected. The SC held no grounds existed to interfere with the NCLAT's decision, thereby upholding the continuation of the CIRP with the Corporate Debtor in possession. The appeals were accordingly dismissed.
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