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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Issue was whether a creditor could, through an application under s.60(5) IBC, revive a rejected financial claim filed beyond the stipulated period and challenge the rejection after substantial progress of CIRP. Although the record showed acknowledgment of liability in the corporate debtor's balance sheets and emails, and even admissions by a promoter/personal guarantor in parallel insolvency proceedings, the challenge to the RP's rejection was raised nearly a year later, by which time the CoC had approved a resolution plan awaiting adjudication. Reopening or restarting CIRP at that stage was held impermissible; the appeal was dismissed. - NCLAT
Issue was whether a creditor could, through an application under s.60(5) IBC, revive a rejected financial claim filed beyond the stipulated period and challenge the rejection after substantial progress of CIRP. Although the record showed acknowledgment of liability in the corporate debtor's balance sheets and emails, and even admissions by a promoter/personal guarantor in parallel insolvency proceedings, the challenge to the RP's rejection was raised nearly a year later, by which time the CoC had approved a resolution plan awaiting adjudication. Reopening or restarting CIRP at that stage was held impermissible; the appeal was dismissed. - NCLAT
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