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 under Section 61 IBC by the appellant, a shareholder and preference shareholder of the corporate debtor, challenging the NCLT order admitting the Section 7 application and initiating CIRP. Relying on the larger Bench decision in Park Energy, the Tribunal held that a shareholder, even a majority or preference shareholder, without contractual debt rights or direct legal injury, is not a "person aggrieved" under Section 61 and has no locus to appeal. NCLAT further held that the corporate debtor's liability as a corporate guarantor constituted a valid financial debt in default, and the admission order suffered from no legal or procedural infirmity.
NCLAT dismissed the appeal filed under Section 61 IBC by the appellant, a shareholder and preference shareholder of the corporate debtor, challenging the NCLT order admitting the Section 7 application and initiating CIRP. Relying on the larger Bench decision in Park Energy, the Tribunal held that a shareholder, even a majority or preference shareholder, without contractual debt rights or direct legal injury, is not a "person aggrieved" under Section 61 and has no locus to appeal. NCLAT further held that the corporate debtor's liability as a corporate guarantor constituted a valid financial debt in default, and the admission order suffered from no legal or procedural infirmity.
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