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 allowed the appeal, set aside the impugned order admitting a Section 9 application, and directed that the Corporate Debtor be released from the rigours of CIRP. The Tribunal held that the Corporate Debtor had raised a plausible pre-existing dispute in its reply to the Section 8 demand notice-specifically disputing that a Rs.5 lakh payment constituted part-payment for the printer-and that the AA erred in ignoring that discernible dispute. Because the dispute was not a sham and its resolution would require evidence and adjudication beyond the AA's summary jurisdiction under the IBC, admission under Section 9 was improper. The Operational Creditor remains free to pursue alternative remedies in appropriate fora.
NCLAT allowed the appeal, set aside the impugned order admitting a Section 9 application, and directed that the Corporate Debtor be released from the rigours of CIRP. The Tribunal held that the Corporate Debtor had raised a plausible pre-existing dispute in its reply to the Section 8 demand notice-specifically disputing that a Rs.5 lakh payment constituted part-payment for the printer-and that the AA erred in ignoring that discernible dispute. Because the dispute was not a sham and its resolution would require evidence and adjudication beyond the AA's summary jurisdiction under the IBC, admission under Section 9 was improper. The Operational Creditor remains free to pursue alternative remedies in appropriate fora.
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