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 set aside the impugned approval of the resolution plan and disposed of the appeal, holding that the RP failed to value and disclose all assets of the corporate debtor as mandated by Reg. 35 and related definitions; assets include all rights, entitlements and properties, not only fixed assets. The tribunal found material assets were omitted from the CIRP information memorandum and that the CoC lacked essential information to exercise commercial wisdom. RP's excuses regarding absence during enforcement action were rejected. Given procedural infirmities and inaction by the successful resolution applicant, NCLAT directed issuance of a fresh Form G and completion of the CIRP, including reconsideration of resolution plans, within three months.
NCLAT set aside the impugned approval of the resolution plan and disposed of the appeal, holding that the RP failed to value and disclose all assets of the corporate debtor as mandated by Reg. 35 and related definitions; assets include all rights, entitlements and properties, not only fixed assets. The tribunal found material assets were omitted from the CIRP information memorandum and that the CoC lacked essential information to exercise commercial wisdom. RP's excuses regarding absence during enforcement action were rejected. Given procedural infirmities and inaction by the successful resolution applicant, NCLAT directed issuance of a fresh Form G and completion of the CIRP, including reconsideration of resolution plans, within three months.
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