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 HC allowed the petition and quashed the impugned order of the second respondent. Holding that upon approval of a resolution plan under s.31(1) IBC all claims not part of the plan are frozen and extinguished, the court determined that continuation or initiation of proceedings in respect of omitted claims is impermissible. The second respondent's post-approval determination purporting to recover dues for the specified period was held contrary to law, insofar as the claim was either already admitted in part before the resolution professional or subsumed by the pending claim process; any residual claim omitted from the approved plan cannot be enforced thereafter. Order set aside; petition allowed.
The HC allowed the petition and quashed the impugned order of the second respondent. Holding that upon approval of a resolution plan under s.31(1) IBC all claims not part of the plan are frozen and extinguished, the court determined that continuation or initiation of proceedings in respect of omitted claims is impermissible. The second respondent's post-approval determination purporting to recover dues for the specified period was held contrary to law, insofar as the claim was either already admitted in part before the resolution professional or subsumed by the pending claim process; any residual claim omitted from the approved plan cannot be enforced thereafter. Order set aside; petition allowed.
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