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 upheld admission of a Section 7 petition, finding that the security trustee was duly authorized to initiate insolvency proceedings following assignment of the loan to an asset reconstruction entity. The Tribunal held that authorization was both pleaded and proved by the security trustee under the trusteeship agreement and by subsequent written authorization from the assignor, so the trustee had locus standi to file under Section 7. The Tribunal further affirmed initiation of CIRP against the corporate guarantors, noting prior dismissal of related appeals challenging CIRP against the principal borrower(s). The appeal was found devoid of merit and dismissed.
NCLAT upheld admission of a Section 7 petition, finding that the security trustee was duly authorized to initiate insolvency proceedings following assignment of the loan to an asset reconstruction entity. The Tribunal held that authorization was both pleaded and proved by the security trustee under the trusteeship agreement and by subsequent written authorization from the assignor, so the trustee had locus standi to file under Section 7. The Tribunal further affirmed initiation of CIRP against the corporate guarantors, noting prior dismissal of related appeals challenging CIRP against the principal borrower(s). The appeal was found devoid of merit and dismissed.
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