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 resolution plan, rejected under s.30(6) of the IBC amid objections on s.29A eligibility, should be approved in light of a post-impugned settlement. The tribunal accepted the settlement terms providing for payment of CIRP costs up to plan approval and enhanced payouts to secured and unsecured financial creditors, noting unanimous consent that approval would resolve grievances. It also held that adverse observations in the impugned order alleging impropriety were unduly excessive in the absence of any auditor finding of fraud or specific avoidance-transaction allegations, and therefore expunged them. Consequently, the impugned orders were quashed and the appeals were allowed. - NCLAT
The dominant issue was whether the resolution plan, rejected under s.30(6) of the IBC amid objections on s.29A eligibility, should be approved in light of a post-impugned settlement. The tribunal accepted the settlement terms providing for payment of CIRP costs up to plan approval and enhanced payouts to secured and unsecured financial creditors, noting unanimous consent that approval would resolve grievances. It also held that adverse observations in the impugned order alleging impropriety were unduly excessive in the absence of any auditor finding of fraud or specific avoidance-transaction allegations, and therefore expunged them. Consequently, the impugned orders were quashed and the appeals were allowed. - NCLAT
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