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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Transfer of an admitted winding-up petition to the Tribunal must be examined afresh under the I&B Code and not mechanically admitted under Section 9; the Tribunal applied the Code's statutory parameters and held the applicable minimum default threshold must be assessed as on the date of conversion, rendering the converted application ineligible for admission. The claim for contractual interest at 24% was a unilateral invoice term and, absent agreement or acceptance, could not be included in the admitted debt. A claimed pre-existing dispute was held not bona fide. Independently, the Corporate Debtor was directed to pay the deposited sum with compound interest.
Transfer of an admitted winding-up petition to the Tribunal must be examined afresh under the I&B Code and not mechanically admitted under Section 9; the Tribunal applied the Code's statutory parameters and held the applicable minimum default threshold must be assessed as on the date of conversion, rendering the converted application ineligible for admission. The claim for contractual interest at 24% was a unilateral invoice term and, absent agreement or acceptance, could not be included in the admitted debt. A claimed pre-existing dispute was held not bona fide. Independently, the Corporate Debtor was directed to pay the deposited sum with compound interest.
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