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 Appellant's Section 7 IBC petition seeking initiation of CIRP against the Corporate Debtor was dismissed by NCLAT, affirming the adjudicating authority. NCLAT held that the date of default pleaded by the Appellant (22.10.2020) falls within the statutory exclusion period under Section 10A IBC, which precludes initiation of CIRP where the default date lies in that period. Disputed facts as to characterization of a Rs. 3.3 crore receipt were noted but not determinative given the Section 10A embargo. In consequence, there was no occasion to reopen the NCLT's conclusion and the appeal was dismissed, leaving the Section 7 dismissal intact.
The Appellant's Section 7 IBC petition seeking initiation of CIRP against the Corporate Debtor was dismissed by NCLAT, affirming the adjudicating authority. NCLAT held that the date of default pleaded by the Appellant (22.10.2020) falls within the statutory exclusion period under Section 10A IBC, which precludes initiation of CIRP where the default date lies in that period. Disputed facts as to characterization of a Rs. 3.3 crore receipt were noted but not determinative given the Section 10A embargo. In consequence, there was no occasion to reopen the NCLT's conclusion and the appeal was dismissed, leaving the Section 7 dismissal intact.
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