Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
The Resolution Plan provides employee payments equal to the higher of twelve months' entitlement or the percentage payable to unsecured financial creditors; the Tribunal found the earmarked sum yields a payout to employees that exceeds the unsecured creditors' percentage, complying with the court-recorded undertaking, and thus no breach was found. The Tribunal further held that, because admitted liquidation value left operational creditors with nil recovery and the plan earmarks sums for employees, the plan meets the statutory floor for operational creditors and the Adjudicating Authority's approval is upheld and the appeal dismissed.
The Resolution Plan provides employee payments equal to the higher of twelve months' entitlement or the percentage payable to unsecured financial creditors; the Tribunal found the earmarked sum yields a payout to employees that exceeds the unsecured creditors' percentage, complying with the court-recorded undertaking, and thus no breach was found. The Tribunal further held that, because admitted liquidation value left operational creditors with nil recovery and the plan earmarks sums for employees, the plan meets the statutory floor for operational creditors and the Adjudicating Authority's approval is upheld and the appeal dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4809 
Join Channel 
