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 upheld the Tribunal's scrutiny of the interim resolution professional's conduct in reconstituting the committee of creditors. The IRP had initially constituted the CoC on 21.08.2024 and filed under Regulation 17, but subsequently reconstituted the CoC by excluding two major financial creditors and reducing membership to a single member holding 0.18% voting share, a manoeuvre the Tribunal deemed mischievous and beyond acceptable exercise of authority. The Appellate Tribunal declined to set aside the Tribunal's well-considered directions or to interfere with disposal of IAs concerning the matter, and held that the additional applicant lacked independent grounds to sustain the appeal.
NCLAT dismissed the appeal and upheld the Tribunal's scrutiny of the interim resolution professional's conduct in reconstituting the committee of creditors. The IRP had initially constituted the CoC on 21.08.2024 and filed under Regulation 17, but subsequently reconstituted the CoC by excluding two major financial creditors and reducing membership to a single member holding 0.18% voting share, a manoeuvre the Tribunal deemed mischievous and beyond acceptable exercise of authority. The Appellate Tribunal declined to set aside the Tribunal's well-considered directions or to interfere with disposal of IAs concerning the matter, and held that the additional applicant lacked independent grounds to sustain the appeal.
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