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 NCLAT dismissed the appeal and upheld the impugned order refusing access to the first set of valuation reports to the suspended management of the corporate debtor. The Tribunal held the resolution professional acted within the statutory scheme of Section 24 of the IBC and CIRP Regulation 35(2): voting and full member rights of CoC are distinct from participative status of suspended directors, and confidential valuation material need not be furnished to persons bereft of voting rights. The RP's omission to circulate two valuers' reports with the earlier notice was attributable to their receipt on the meeting date, not wilful non-compliance, and the Appellant was permitted to participate in non-confidential agenda items. No interference was warranted; appeal dismissed.
The NCLAT dismissed the appeal and upheld the impugned order refusing access to the first set of valuation reports to the suspended management of the corporate debtor. The Tribunal held the resolution professional acted within the statutory scheme of Section 24 of the IBC and CIRP Regulation 35(2): voting and full member rights of CoC are distinct from participative status of suspended directors, and confidential valuation material need not be furnished to persons bereft of voting rights. The RP's omission to circulate two valuers' reports with the earlier notice was attributable to their receipt on the meeting date, not wilful non-compliance, and the Appellant was permitted to participate in non-confidential agenda items. No interference was warranted; appeal dismissed.
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