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 by a creditor challenging rejection of its belated claim and seeking to amend an objection to the resolution plan. It held that the NCLT's order dated 04.03.2024, remitting the approved resolution plan to the CoC for reconsideration in light of SC precedent and to ensure compliance with Section 30(2) IBC, did not create any fresh cause of action or right to file fresh or previously rejected claims. The prior rejection of the appellant's delayed claim had attained finality up to the SC. Consequently, both the original objection application and the amendment application were rightly held non-maintainable, and the appeal was rejected.
NCLAT dismissed the appeal by a creditor challenging rejection of its belated claim and seeking to amend an objection to the resolution plan. It held that the NCLT's order dated 04.03.2024, remitting the approved resolution plan to the CoC for reconsideration in light of SC precedent and to ensure compliance with Section 30(2) IBC, did not create any fresh cause of action or right to file fresh or previously rejected claims. The prior rejection of the appellant's delayed claim had attained finality up to the SC. Consequently, both the original objection application and the amendment application were rightly held non-maintainable, and the appeal was rejected.
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