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 allowed the appeal and set aside the impugned order of the adjudicating authority which had rejected the appellant's Section 9 IBC application without recording reasons, hearing submissions, or issuing notice to the respondent. The matter is remanded for fresh adjudication, directing the adjudicating authority to afford both parties opportunity to be heard, record submissions and furnish reasoned findings. All issues are kept open for fresh consideration. The tribunal clarified that its remand does not express any view on the merits and the adjudicating authority's final decision must be uninfluenced by the appellate observations.
NCLAT allowed the appeal and set aside the impugned order of the adjudicating authority which had rejected the appellant's Section 9 IBC application without recording reasons, hearing submissions, or issuing notice to the respondent. The matter is remanded for fresh adjudication, directing the adjudicating authority to afford both parties opportunity to be heard, record submissions and furnish reasoned findings. All issues are kept open for fresh consideration. The tribunal clarified that its remand does not express any view on the merits and the adjudicating authority's final decision must be uninfluenced by the appellate observations.
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