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...
Page of 4828
Press 'Enter' after typing page number.
161 to 180 of 96556 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
The enforceability of a corporate continuing guarantee was...
Corporate guarantee invocation in insolvency petition: enforceability upheld, conditional sanction letter not a novation, limitation not barred after acknowledgment
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The enforceability of a corporate continuing guarantee was upheld: recitals in a subsequent guarantee are non operative and cannot discharge prior obligations, so a recital of discharge fails if the instrument itself is void. Blank spaces confined to recitals and non material terms do not void the guarantee and do not raise a prima facie construction issue. A sanction/review letter proposing to relieve a guarantor is a proposal, not a novation, and conditional relief does not discharge the guarantee absent fulfillment of conditions. Pendency of a civil suit alone does not defeat an insolvency petition; acknowledgment of liability in time prevents the claim from being time barred. The appeal was dismissed.
The enforceability of a corporate continuing guarantee was upheld: recitals in a subsequent guarantee are non operative and cannot discharge prior obligations, so a recital of discharge fails if the instrument itself is void. Blank spaces confined to recitals and non material terms do not void the guarantee and do not raise a prima facie construction issue. A sanction/review letter proposing to relieve a guarantor is a proposal, not a novation, and conditional relief does not discharge the guarantee absent fulfillment of conditions. Pendency of a civil suit alone does not defeat an insolvency petition; acknowledgment of liability in time prevents the claim from being time barred. The appeal was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
