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 that provisionally attached assets of the corporate debtor could be included in the information memorandum and dealt with in the resolution plan despite a PMLA provisional attachment and an earlier High Court restraint, since no record showed divestment of ownership or post-CIRP restraining order. On approval of the resolution plan, Section 32A applies, entitling the new management to statutory immunity where its conditions are satisfied; consequently the prior provisional attachment ceases to operate and there is no legal requirement for the standing recovery agency to seek separate release from the adjudicating authority under PMLA. Appeal disposed.
NCLAT held that provisionally attached assets of the corporate debtor could be included in the information memorandum and dealt with in the resolution plan despite a PMLA provisional attachment and an earlier High Court restraint, since no record showed divestment of ownership or post-CIRP restraining order. On approval of the resolution plan, Section 32A applies, entitling the new management to statutory immunity where its conditions are satisfied; consequently the prior provisional attachment ceases to operate and there is no legal requirement for the standing recovery agency to seek separate release from the adjudicating authority under PMLA. Appeal disposed.
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