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 maintainability of the appeal under s.61(2) of the IBC. The tribunal held that the appeal was filed beyond the prescribed period and, in the absence of any application or sufficient cause for delay, it could not be entertained, resulting in dismissal as time-barred. On the attempted challenge to differential distribution between assenting and dissenting/abstaining secured financial creditors, the tribunal found the plea of "discrimination" was in substance a belated, indirect challenge to an already-approved resolution plan, which had attained finality and could not be reopened or modified after implementation, resulting in denial of any relief. - NCLAT
The dominant issue was maintainability of the appeal under s.61(2) of the IBC. The tribunal held that the appeal was filed beyond the prescribed period and, in the absence of any application or sufficient cause for delay, it could not be entertained, resulting in dismissal as time-barred. On the attempted challenge to differential distribution between assenting and dissenting/abstaining secured financial creditors, the tribunal found the plea of "discrimination" was in substance a belated, indirect challenge to an already-approved resolution plan, which had attained finality and could not be reopened or modified after implementation, resulting in denial of any relief. - NCLAT
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