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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The SC affirmed the NCLAT's conclusion that the appellants were speculative investors and upheld the orders setting aside admission of the Section 7 IBC applications, thereby denying initiation of CIRP at their instance. The Court further held the Ordinance/Amendment Act introducing threshold requirements for allottee-initiated Section 7 petitions is applicable to the facts and, to that extent, set aside the first impugned order. The appellants remain at liberty to pursue alternative remedies before appropriate fora; any such proceedings will not be barred by limitation. The appeals are disposed of accordingly.
The SC affirmed the NCLAT's conclusion that the appellants were speculative investors and upheld the orders setting aside admission of the Section 7 IBC applications, thereby denying initiation of CIRP at their instance. The Court further held the Ordinance/Amendment Act introducing threshold requirements for allottee-initiated Section 7 petitions is applicable to the facts and, to that extent, set aside the first impugned order. The appellants remain at liberty to pursue alternative remedies before appropriate fora; any such proceedings will not be barred by limitation. The appeals are disposed of accordingly.
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