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 dismissed the appeals and upheld the impugned order, rejecting the appellants' claims for delay and for characterization as homebuyers. The Tribunal found appellants failed to discharge the burden of proof as there was no evidence of transfer of funds into the corporate debtor's bank accounts and no documentary acknowledgement by the corporate debtor. The purported payment receipt lacked date, witness, signature, stamp or reference and was held to be of no evidentiary value; the relied agreement was unregistered and unexecuted. In view of these deficiencies and absence of error in the impugned order, the appeals are devoid of merit and stand dismissed.
The NCLAT dismissed the appeals and upheld the impugned order, rejecting the appellants' claims for delay and for characterization as homebuyers. The Tribunal found appellants failed to discharge the burden of proof as there was no evidence of transfer of funds into the corporate debtor's bank accounts and no documentary acknowledgement by the corporate debtor. The purported payment receipt lacked date, witness, signature, stamp or reference and was held to be of no evidentiary value; the relied agreement was unregistered and unexecuted. In view of these deficiencies and absence of error in the impugned order, the appeals are devoid of merit and stand dismissed.
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