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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Dominant issue one: Whether admission under Section 7 requires inquiry beyond existence of financial debt and default - court held the mandatory inquiry is limited to debt and occurrence of default; admitted defaults, breach of restructuring and non-payment were conclusively established and the narrow Vidarbha exception was inapplicable, therefore admission into CIRP was correctly ordered. Dominant issue two: Whether a homebuyers' society has locus standi to intervene at the Section 7/admission or appellate stage - court held pre-admission proceedings are in personam, the society is neither a financial nor operational creditor and produced no representative mandate, so it has no statutory right to be heard and cannot appeal. - SC
Dominant issue one: Whether admission under Section 7 requires inquiry beyond existence of financial debt and default - court held the mandatory inquiry is limited to debt and occurrence of default; admitted defaults, breach of restructuring and non-payment were conclusively established and the narrow Vidarbha exception was inapplicable, therefore admission into CIRP was correctly ordered. Dominant issue two: Whether a homebuyers' society has locus standi to intervene at the Section 7/admission or appellate stage - court held pre-admission proceedings are in personam, the society is neither a financial nor operational creditor and produced no representative mandate, so it has no statutory right to be heard and cannot appeal. - SC
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