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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After the CoC approved a resolution plan with 100% voting and the approval application was pending, the subsequently reconstituted CoC lacked jurisdiction to withdraw the plan, cancel the LoI, or seek remand for reconsideration; the later resolutions were unauthorised and contrary to CIRP Regulations and could not be relied upon, so the plan had to be considered for approval in accordance with law. On compliance with section 30(2)(b) IBC, only operational creditors and dissenting financial creditors are statutorily assured liquidation-value minimum; other creditors are not mandatorily payable, and the secured creditor's claim was addressed in the plan and had to be paid as provided, so the plan was not non-compliant. Appeal allowed. - NCLAT
After the CoC approved a resolution plan with 100% voting and the approval application was pending, the subsequently reconstituted CoC lacked jurisdiction to withdraw the plan, cancel the LoI, or seek remand for reconsideration; the later resolutions were unauthorised and contrary to CIRP Regulations and could not be relied upon, so the plan had to be considered for approval in accordance with law. On compliance with section 30(2)(b) IBC, only operational creditors and dissenting financial creditors are statutorily assured liquidation-value minimum; other creditors are not mandatorily payable, and the secured creditor's claim was addressed in the plan and had to be paid as provided, so the plan was not non-compliant. Appeal allowed. - NCLAT
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