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 text examines whether deeming language in a debenture trust deed effects automatic conversion of optionally convertible debentures absent statutory and corporate compliance, and whether a put option exercise followed by non-redemption gives rise to financial debt under insolvency law. It reasons that Clause 6(b)'s deeming operates only upon actual allotment and completion of statutory steps (authorised capital, RoC filings, ISIN activation, credit to demat), so conversion was incomplete. Clause 10/11 rights allowed the trustee to exercise the put after 60 months; failure to redeem on the Put Notice constituted default and financial debt, justifying admission of the insolvency petition.
The text examines whether deeming language in a debenture trust deed effects automatic conversion of optionally convertible debentures absent statutory and corporate compliance, and whether a put option exercise followed by non-redemption gives rise to financial debt under insolvency law. It reasons that Clause 6(b)'s deeming operates only upon actual allotment and completion of statutory steps (authorised capital, RoC filings, ISIN activation, credit to demat), so conversion was incomplete. Clause 10/11 rights allowed the trustee to exercise the put after 60 months; failure to redeem on the Put Notice constituted default and financial debt, justifying admission of the insolvency petition.
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