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 Court held that modification or waiver of a debenture trust deed required compliance with its express written-waiver procedure, so unilateral communications with a single debenture holder cannot bind absent the prescribed written document; estoppel against other debenture holders thus failed. The debenture trustee's duty is to protect debenture holders' interests, and adverse findings of collusion were unsupported. Concurrent findings by NCLT/NCLAT were interfered with for perversity where they reframed the DTD on conjecture. The petition by the debenture trustee under Section 7 was held to be admitable.
The Court held that modification or waiver of a debenture trust deed required compliance with its express written-waiver procedure, so unilateral communications with a single debenture holder cannot bind absent the prescribed written document; estoppel against other debenture holders thus failed. The debenture trustee's duty is to protect debenture holders' interests, and adverse findings of collusion were unsupported. Concurrent findings by NCLT/NCLAT were interfered with for perversity where they reframed the DTD on conjecture. The petition by the debenture trustee under Section 7 was held to be admitable.
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