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 HC allowed the application to transfer the winding-up proceeding against the respondent company to the NCLT under s.434(1)(c) of the Companies Act, 2013, concluding that no irreversible steps toward liquidation have occurred (no sale of movable or immovable assets) and that substantial creditor claims remain unresolved. The court exercised its discretionary jurisdiction in line with the IBC's creditor-driven, time-bound insolvency framework, noting the Official Liquidator's ongoing claims scrutiny and depletion of the common pool by preservation costs. Given the absence of irreversible actions and the availability of the IBC mechanism to address creditor interests and alleged fraudulent transactions, transfer for adjudication under the IBC was directed.
The HC allowed the application to transfer the winding-up proceeding against the respondent company to the NCLT under s.434(1)(c) of the Companies Act, 2013, concluding that no irreversible steps toward liquidation have occurred (no sale of movable or immovable assets) and that substantial creditor claims remain unresolved. The court exercised its discretionary jurisdiction in line with the IBC's creditor-driven, time-bound insolvency framework, noting the Official Liquidator's ongoing claims scrutiny and depletion of the common pool by preservation costs. Given the absence of irreversible actions and the availability of the IBC mechanism to address creditor interests and alleged fraudulent transactions, transfer for adjudication under the IBC was directed.
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