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 dispute centered on whether a later order merged an earlier interim order, the scope of trustee-like powers vested in a court-constituted committee, and the comparative applicability of regulatory provision versus the Companies (Court) Rules. The court found the 2013 order to be open-ended and contingent, so the doctrine of merger did not apply. It recognised that the three-member committee was vested with trustee-like authority and that termination of the asset management company did not extinguish prior liabilities, leaving statutory authorities free to proceed. The court held Rule 9 preserves inherent court powers distinct from the regulatory provision, and dismissed the appeals.
The dispute centered on whether a later order merged an earlier interim order, the scope of trustee-like powers vested in a court-constituted committee, and the comparative applicability of regulatory provision versus the Companies (Court) Rules. The court found the 2013 order to be open-ended and contingent, so the doctrine of merger did not apply. It recognised that the three-member committee was vested with trustee-like authority and that termination of the asset management company did not extinguish prior liabilities, leaving statutory authorities free to proceed. The court held Rule 9 preserves inherent court powers distinct from the regulatory provision, and dismissed the appeals.
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