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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NCLAT dismissed the appeal and affirmed the impugned order dated 11.06.2024, holding that the approved resolution plan could not be modified to permit duplicate recovery by NCD holders. The court found the CIRP of the corporate debtor validly initiated, the IRP/RP properly appointed, and 188 NCD investors were represented in the CoC through their authorized representative and trustee. Having received payments under a prior settlement approved by the HC and executed undertakings foregoing further claims, those investors could not also claim amounts under the resolution plan. The Tribunal's rejection of applications to alter trustee or reopen representation was upheld, and the appeal was dismissed as devoid of merit.
NCLAT dismissed the appeal and affirmed the impugned order dated 11.06.2024, holding that the approved resolution plan could not be modified to permit duplicate recovery by NCD holders. The court found the CIRP of the corporate debtor validly initiated, the IRP/RP properly appointed, and 188 NCD investors were represented in the CoC through their authorized representative and trustee. Having received payments under a prior settlement approved by the HC and executed undertakings foregoing further claims, those investors could not also claim amounts under the resolution plan. The Tribunal's rejection of applications to alter trustee or reopen representation was upheld, and the appeal was dismissed as devoid of merit.
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