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 upheld the Adjudicating Authority's finding that the 25.08.2009 Deed of Guarantee was a continuing, irrevocable guarantee binding the guarantor for subsequent renewals and variations under its express clauses; consequently the guarantor remained liable for obligations arising after variations. The tribunal rejected the appellant's contention that resignation from directorship or selective clause reading discharged the guarantee, and found no procedural prejudice in consideration of the Additional Report. Debt and default under the guarantee were established and initiation of CIRP against the appellant was affirmed, subject to limitation of the appellant's liability to Rs. 3.84 crore as stipulated in the 2009 Deed; appeal disposed.
NCLAT upheld the Adjudicating Authority's finding that the 25.08.2009 Deed of Guarantee was a continuing, irrevocable guarantee binding the guarantor for subsequent renewals and variations under its express clauses; consequently the guarantor remained liable for obligations arising after variations. The tribunal rejected the appellant's contention that resignation from directorship or selective clause reading discharged the guarantee, and found no procedural prejudice in consideration of the Additional Report. Debt and default under the guarantee were established and initiation of CIRP against the appellant was affirmed, subject to limitation of the appellant's liability to Rs. 3.84 crore as stipulated in the 2009 Deed; appeal disposed.
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