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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NCLAT held the appeals maintainable and overruled respondents' locus and consent-order objections, declaring that the Adjudicating Authority's remand of the approved resolution plan to the CoC effectively vitiated the prior CoC approval and warranted appellate scrutiny. The Tribunal observed the AA had not recorded any consensual waiver by the applicants and noted substantial objections remained; hence the impugned order was not a consent decree. NCLAT directed the CoC to re-examine the plan, including questions as to continued eligibility of the Resolution Applicant and any need to reconstitute the SRA, and clarified procedure for requisitioning a CoC meeting and potential replacement of the RP under the IBC regime. Appeals disposed.
NCLAT held the appeals maintainable and overruled respondents' locus and consent-order objections, declaring that the Adjudicating Authority's remand of the approved resolution plan to the CoC effectively vitiated the prior CoC approval and warranted appellate scrutiny. The Tribunal observed the AA had not recorded any consensual waiver by the applicants and noted substantial objections remained; hence the impugned order was not a consent decree. NCLAT directed the CoC to re-examine the plan, including questions as to continued eligibility of the Resolution Applicant and any need to reconstitute the SRA, and clarified procedure for requisitioning a CoC meeting and potential replacement of the RP under the IBC regime. Appeals disposed.
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