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 AT dismissed the appeal, holding that the impugned NCLT order did not effect a provisional attachment under the Prevention of Money Laundering Act, 2002 s.5(1); instead it merely restrained the Appellants from mortgaging, creating charges or otherwise alienating movable or immovable assets. The Tribunal found no narration or direction constituting attachment, and no provision under the IBC or Companies Act empowering NCLT to attach the properties. Because the restraint served only to preserve third-party interests pending NCLT proceedings and did not amount to provisional attachment intended to secure proceeds of crime for eventual settlement, there was no merit to interfere with the impugned order. Appeal disposed of.
The AT dismissed the appeal, holding that the impugned NCLT order did not effect a provisional attachment under the Prevention of Money Laundering Act, 2002 s.5(1); instead it merely restrained the Appellants from mortgaging, creating charges or otherwise alienating movable or immovable assets. The Tribunal found no narration or direction constituting attachment, and no provision under the IBC or Companies Act empowering NCLT to attach the properties. Because the restraint served only to preserve third-party interests pending NCLT proceedings and did not amount to provisional attachment intended to secure proceeds of crime for eventual settlement, there was no merit to interfere with the impugned order. Appeal disposed of.
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