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 challenge to dismissal of objections to a scheme of amalgamation was examined on locus standi and maintainability. Since the scheme expressly provided for transfer of legal and other proceedings, the tribunal found no cause to continue the appeal and declined to interfere with rejection of the objections; the objector was left to seek impleadment in any pending insolvency proceeding or pursue other remedies in law. On costs, considering the objector's plea of bona fides and the absence of serious opposition, the costs were reduced from Rs. 10 lakhs to Rs. 2.5 lakhs, payable to the Prime Minister National Relief Fund within six weeks, and the appeal was disposed accordingly. - NCLAT
The challenge to dismissal of objections to a scheme of amalgamation was examined on locus standi and maintainability. Since the scheme expressly provided for transfer of legal and other proceedings, the tribunal found no cause to continue the appeal and declined to interfere with rejection of the objections; the objector was left to seek impleadment in any pending insolvency proceeding or pursue other remedies in law. On costs, considering the objector's plea of bona fides and the absence of serious opposition, the costs were reduced from Rs. 10 lakhs to Rs. 2.5 lakhs, payable to the Prime Minister National Relief Fund within six weeks, and the appeal was disposed accordingly. - NCLAT
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