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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SC set aside the impugned order and restored the petition for fresh adjudication, directing impleadment of the first-charge secured creditor as a respondent and permitting full pleadings and hearing. The Court observed admitted realizations from auctioned assets and the appellant's partial payment and undertaking, and instructed the High Court to determine, under Section 35 of the SARFAESI Act and Section 11(2) of the PF Act, the priority of the first-charge secured creditor vis-Ã -vis the anonymized statutory provident fund and other secured creditors. The matter is remitted for determination of entitlement to balance recovery and priorities among secured creditors after aforestated procedural opportunities.
SC set aside the impugned order and restored the petition for fresh adjudication, directing impleadment of the first-charge secured creditor as a respondent and permitting full pleadings and hearing. The Court observed admitted realizations from auctioned assets and the appellant's partial payment and undertaking, and instructed the High Court to determine, under Section 35 of the SARFAESI Act and Section 11(2) of the PF Act, the priority of the first-charge secured creditor vis-Ã -vis the anonymized statutory provident fund and other secured creditors. The matter is remitted for determination of entitlement to balance recovery and priorities among secured creditors after aforestated procedural opportunities.
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