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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A pre-existing operational debt dispute over damaged and unreturned shuttering and scaffolding material, and pending reconciliation, was held to bar initiation of insolvency proceedings. Applying Mobilox principles, the tribunal found the debtor's defence-failure to replace or value damaged goods and requests for collection and valuation-plausible and supported by contemporaneous correspondence predating the demand notice; therefore the invoices remained disputed and not admitted. The adjudicating authority was correct to reject the insolvency petition without adjudicating the merits of the defence, and the appeal against that rejection was dismissed.
A pre-existing operational debt dispute over damaged and unreturned shuttering and scaffolding material, and pending reconciliation, was held to bar initiation of insolvency proceedings. Applying Mobilox principles, the tribunal found the debtor's defence-failure to replace or value damaged goods and requests for collection and valuation-plausible and supported by contemporaneous correspondence predating the demand notice; therefore the invoices remained disputed and not admitted. The adjudicating authority was correct to reject the insolvency petition without adjudicating the merits of the defence, and the appeal against that rejection was dismissed.
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