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 affirmed that the Earnest Money Deposit (EMD) and Performance Bank Guarantee (PBG) invoked by the Committee of Creditors (CoC) are rightly forfeited and not refundable to the appellant. Only the equity infusion amount held in a separate escrow account is subject to refund. The Tribunal clarified that it lacks jurisdiction to review its prior judgment, and the instant application was strictly for clarification, not modification. The operative portion of the judgment was directed to be aligned with the main findings, confirming that the invoked EMD of Rs. 5 crore, included in the total Rs. 42.99 crore, remains excluded from distribution to Interim Trade Creditors or the appellant. The application was accordingly disposed of.
The NCLAT affirmed that the Earnest Money Deposit (EMD) and Performance Bank Guarantee (PBG) invoked by the Committee of Creditors (CoC) are rightly forfeited and not refundable to the appellant. Only the equity infusion amount held in a separate escrow account is subject to refund. The Tribunal clarified that it lacks jurisdiction to review its prior judgment, and the instant application was strictly for clarification, not modification. The operative portion of the judgment was directed to be aligned with the main findings, confirming that the invoked EMD of Rs. 5 crore, included in the total Rs. 42.99 crore, remains excluded from distribution to Interim Trade Creditors or the appellant. The application was accordingly disposed of.
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