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 NCLAT allows the appeals and sets aside the impugned orders, holding that the learned adjudicating authority erred in dismissing the Section 95 applications in limitation on the first hearing date, given the SC's determination that stages under Secs. 95 and 99 IBC do not constitute judicial adjudication. The Section 95 applications filed by the financial creditor are restored to their original numbers. The matters are remanded to the adjudicating authority to decide afresh in accordance with law. The appeals are allowed by way of remand and the parties are directed to appear before the adjudicating authority on 23.09.2025.
The NCLAT allows the appeals and sets aside the impugned orders, holding that the learned adjudicating authority erred in dismissing the Section 95 applications in limitation on the first hearing date, given the SC's determination that stages under Secs. 95 and 99 IBC do not constitute judicial adjudication. The Section 95 applications filed by the financial creditor are restored to their original numbers. The matters are remanded to the adjudicating authority to decide afresh in accordance with law. The appeals are allowed by way of remand and the parties are directed to appear before the adjudicating authority on 23.09.2025.
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