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 by the Resolution Professional (RP), holding the RP's appeal was maintainable given adverse observations by the Adjudicating Authority (AA) that impugned the RP's exercise of powers. The Tribunal held the RP is statutorily obliged under CIRP Regulations (Reg.13) to verify all claims as at the insolvency commencement date and that verification is a ministerial/statutory function, not adjudication. The AA's adverse findings that verification constituted excess or abuse of power were ordered deleted, including directions to forward the order to IBBI. However, the AA's direction to the RP to reconsider and decide on the anonymized respondent's claim was sustained; the RP must re-examine and determine the claim. Appeal dismissed.
NCLAT dismissed the appeal by the Resolution Professional (RP), holding the RP's appeal was maintainable given adverse observations by the Adjudicating Authority (AA) that impugned the RP's exercise of powers. The Tribunal held the RP is statutorily obliged under CIRP Regulations (Reg.13) to verify all claims as at the insolvency commencement date and that verification is a ministerial/statutory function, not adjudication. The AA's adverse findings that verification constituted excess or abuse of power were ordered deleted, including directions to forward the order to IBBI. However, the AA's direction to the RP to reconsider and decide on the anonymized respondent's claim was sustained; the RP must re-examine and determine the claim. Appeal dismissed.
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