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 and revive insolvency proceedings under the IBC, directing adjudication by the NCLT under Section 7 pursuant to the discretionary jurisdiction in Section 434(1)(c) of the 2013 Act. The Court found the winding-up petition had not reached an irreversible stage, the revival scheme sanctioned earlier had failed and was set aside, and numerous creditor claims and recurring preservation expenses threatened the common pool and creditor recoveries. In view of the multiplicity of creditors and public interest, the HC ordered continuation of proceedings as CIRP before the NCLT, enabling appointment of an interim resolution professional and prosecution of insolvency processes under the IBC.
The HC allowed the application to transfer and revive insolvency proceedings under the IBC, directing adjudication by the NCLT under Section 7 pursuant to the discretionary jurisdiction in Section 434(1)(c) of the 2013 Act. The Court found the winding-up petition had not reached an irreversible stage, the revival scheme sanctioned earlier had failed and was set aside, and numerous creditor claims and recurring preservation expenses threatened the common pool and creditor recoveries. In view of the multiplicity of creditors and public interest, the HC ordered continuation of proceedings as CIRP before the NCLT, enabling appointment of an interim resolution professional and prosecution of insolvency processes under the IBC.
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