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 AA's order rejecting belated home-buyer claims. It held that the RP's affidavit and the Corporate Debtor's records, including the Information Memorandum, evidenced valid allotments and payments by the unit-holders, which the RA and CoC were obliged to consider despite filing delays and prior CoC approval of a plan. The Tribunal found the claims verifiable on the record and required them to be treated in the resolution plan; accordingly the AA's rejection could not be sustained. The matter is remitted for consideration of the said claims in accordance with the RP's submissions and applicable insolvency law.
NCLAT allowed the appeal and set aside the AA's order rejecting belated home-buyer claims. It held that the RP's affidavit and the Corporate Debtor's records, including the Information Memorandum, evidenced valid allotments and payments by the unit-holders, which the RA and CoC were obliged to consider despite filing delays and prior CoC approval of a plan. The Tribunal found the claims verifiable on the record and required them to be treated in the resolution plan; accordingly the AA's rejection could not be sustained. The matter is remitted for consideration of the said claims in accordance with the RP's submissions and applicable insolvency law.
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