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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Petitions under s.94 IBC were dismissed for failure to serve copies on the resolution professional (RP) and for non-filing of the s.99 report. The tribunal held that RP's failure to file the report cannot, by itself, justify dismissal; the Adjudicating Authority must secure the report or replace the RP. However, the petitioners' own non-compliance with directions to serve the RP led to an extended moratorium that materially impaired the creditor's right to enforce the personal guarantee, and granting relief would confer an unmerited further advantage. The invocation of inherent powers under Rule 11 NCLT Rules was upheld; dismissal was confirmed and the appeals were rejected. - NCLAT
Petitions under s.94 IBC were dismissed for failure to serve copies on the resolution professional (RP) and for non-filing of the s.99 report. The tribunal held that RP's failure to file the report cannot, by itself, justify dismissal; the Adjudicating Authority must secure the report or replace the RP. However, the petitioners' own non-compliance with directions to serve the RP led to an extended moratorium that materially impaired the creditor's right to enforce the personal guarantee, and granting relief would confer an unmerited further advantage. The invocation of inherent powers under Rule 11 NCLT Rules was upheld; dismissal was confirmed and the appeals were rejected. - NCLAT
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