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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NCLAT held that a resolution plan was non-responsive where the earnest money deposit was not actually credited within the time required by the RFRP; debit of the bidder's account on the due date was insufficient, and the Resolution Professional erred in accepting the bid. The Tribunal also held that a dissenting financial creditor had locus to challenge the process because its objections had already been raised in CoC meetings and concerned alleged violations of the Code and value maximisation. Finding that the continuation of the CIRP against the corporate debtor and the role of the Resolution Professional required reassessment, the Tribunal set aside the impugned order, declared the Valentis plan invalid, and directed evaluation of the remaining plans and legal scrutiny of whether the CIRP still subsisted.
NCLAT held that a resolution plan was non-responsive where the earnest money deposit was not actually credited within the time required by the RFRP; debit of the bidder's account on the due date was insufficient, and the Resolution Professional erred in accepting the bid. The Tribunal also held that a dissenting financial creditor had locus to challenge the process because its objections had already been raised in CoC meetings and concerned alleged violations of the Code and value maximisation. Finding that the continuation of the CIRP against the corporate debtor and the role of the Resolution Professional required reassessment, the Tribunal set aside the impugned order, declared the Valentis plan invalid, and directed evaluation of the remaining plans and legal scrutiny of whether the CIRP still subsisted.
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