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 dismissed the appeal filed by the appellant, holding that it lacked locus standi to challenge the resolution plan approved by the CoC and pending consideration before NCLT. The Tribunal held that CIRP, though a proceeding in rem, does not permit participation by entities whose procedural relevance has ceased, as in the case of the appellant which failed to submit a resolution plan within the prescribed time. The appellant, being neither a creditor nor a resolution applicant with a subsisting procedural status, could not assail the eligibility of the successful resolution applicant under Section 29A IBC. NCLAT left the issue of Section 29A disqualification to be examined by NCLT under Section 31 IBC and imposed costs of Rs. 15 lakhs on the appellant for obstructing the resolution process.
NCLAT dismissed the appeal filed by the appellant, holding that it lacked locus standi to challenge the resolution plan approved by the CoC and pending consideration before NCLT. The Tribunal held that CIRP, though a proceeding in rem, does not permit participation by entities whose procedural relevance has ceased, as in the case of the appellant which failed to submit a resolution plan within the prescribed time. The appellant, being neither a creditor nor a resolution applicant with a subsisting procedural status, could not assail the eligibility of the successful resolution applicant under Section 29A IBC. NCLAT left the issue of Section 29A disqualification to be examined by NCLT under Section 31 IBC and imposed costs of Rs. 15 lakhs on the appellant for obstructing the resolution process.
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