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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The dominant issue was whether the RP wrongly classified the appellant's CIRP claim under disputed invoices as contingent and denied payment for alleged services/loss of generation. Applying s.18 IBC read with regs. 10, 13(1) and 14 of the CIRP Regulations, the NCLAT held the RP's function is limited to collating and verifying claims on the basis of available documents and does not extend to adjudicating the legality or validity of disputed claims. Since the invoices' legality and the corporate debtor's liability were sub judice before the Allahabad HC and liability was consistently disputed, the claim was contingent on that outcome; the appeal was dismissed.
The dominant issue was whether the RP wrongly classified the appellant's CIRP claim under disputed invoices as contingent and denied payment for alleged services/loss of generation. Applying s.18 IBC read with regs. 10, 13(1) and 14 of the CIRP Regulations, the NCLAT held the RP's function is limited to collating and verifying claims on the basis of available documents and does not extend to adjudicating the legality or validity of disputed claims. Since the invoices' legality and the corporate debtor's liability were sub judice before the Allahabad HC and liability was consistently disputed, the claim was contingent on that outcome; the appeal was dismissed.
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