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...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The appeal is dismissed. NCLAT upheld the adjudicating...
Appeal dismissed; merger validity not reopened, leasehold rights transferred to corporate debtor formed liquidation estate; section 36(4)(a)(iv) inapplicable
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The appeal is dismissed. NCLAT upheld the adjudicating authority's refusal to revisit the validity of the amalgamation/merger scheme, finding the appellant had impliedly acquiesced and failed to challenge the merger earlier; the moratorium precluded unilateral termination of the lease. The Tribunal held that only leasehold rights (intangible assets) were transferred to the corporate debtor (CD) and thence to the transferee, and such leasehold rights formed part of the liquidation estate. The liquidator lawfully took custody and included those leasehold rights in the liquidation estate; the bar in section 36(4)(a)(iv) was inapplicable on these facts. The IA challenging inclusion was properly dismissed.
The appeal is dismissed. NCLAT upheld the adjudicating authority's refusal to revisit the validity of the amalgamation/merger scheme, finding the appellant had impliedly acquiesced and failed to challenge the merger earlier; the moratorium precluded unilateral termination of the lease. The Tribunal held that only leasehold rights (intangible assets) were transferred to the corporate debtor (CD) and thence to the transferee, and such leasehold rights formed part of the liquidation estate. The liquidator lawfully took custody and included those leasehold rights in the liquidation estate; the bar in section 36(4)(a)(iv) was inapplicable on these facts. The IA challenging inclusion was properly dismissed.
Note: It is a system-generated summary and is for quick reference only.