Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Composite inpatient healthcare supply may retain exemption despite MRP medicine billing, while separate taxable sale characterisation remains disputed...
Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
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The High Court directed recomputation of the third interim dividend in liquidation by excluding alleged excess interim payments and any interest from the immediate distribution. It held that liability to refund any excess could not be imposed without prior notice and an opportunity of hearing, so the issue was left for separate determination by the official liquidator. The Court also held that reserving 100% of the debt for belated secured claims was unjustified when other secured creditors were receiving only proportionate payment; only a corresponding proportion could be set aside. The interim dividend was therefore to be disbursed to secured creditors on the same proportionate basis, subject to later undertakings and final adjustment.
The High Court directed recomputation of the third interim dividend in liquidation by excluding alleged excess interim payments and any interest from the immediate distribution. It held that liability to refund any excess could not be imposed without prior notice and an opportunity of hearing, so the issue was left for separate determination by the official liquidator. The Court also held that reserving 100% of the debt for belated secured claims was unjustified when other secured creditors were receiving only proportionate payment; only a corresponding proportion could be set aside. The interim dividend was therefore to be disbursed to secured creditors on the same proportionate basis, subject to later undertakings and final adjustment.
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