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 principal issue was whether shareholders have standing to file appeals under Section 61 of the IBC and to seek remedies under Section 65 for alleged malicious proceedings. Relying on a Larger Bench precedent that shareholders possess only limited rights tied to equity investment and no independent statutory right to maintain appeals under Section 61, the Tribunal held shareholders cannot independently challenge approval of a resolution plan; consequently the appeals were dismissed as not maintainable. The Section 65 relief claimed by shareholders likewise failed for want of locus standi, and related interlocutory applications were closed. - NCLAT
The principal issue was whether shareholders have standing to file appeals under Section 61 of the IBC and to seek remedies under Section 65 for alleged malicious proceedings. Relying on a Larger Bench precedent that shareholders possess only limited rights tied to equity investment and no independent statutory right to maintain appeals under Section 61, the Tribunal held shareholders cannot independently challenge approval of a resolution plan; consequently the appeals were dismissed as not maintainable. The Section 65 relief claimed by shareholders likewise failed for want of locus standi, and related interlocutory applications were closed. - NCLAT
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