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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Shifting of registered office under Rule 30(9) was upheld where the petitioner's appeal challenged only grant of interest on pre- and intra CIRP dues and no stay of the adjudicating order was obtained; the court applied the principle that mere pendency of an appeal does not suspend compliance absent an appellate stay and noted prior tribunal clarification that pendency is not a ground to avoid statutory requirements. The High Court concluded the Regional Director lawfully permitted relocation, finding no prejudice shown by the petitioners and that the second proviso of sub rule (9) did not bar consideration in these facts.
Shifting of registered office under Rule 30(9) was upheld where the petitioner's appeal challenged only grant of interest on pre- and intra CIRP dues and no stay of the adjudicating order was obtained; the court applied the principle that mere pendency of an appeal does not suspend compliance absent an appellate stay and noted prior tribunal clarification that pendency is not a ground to avoid statutory requirements. The High Court concluded the Regional Director lawfully permitted relocation, finding no prejudice shown by the petitioners and that the second proviso of sub rule (9) did not bar consideration in these facts.
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