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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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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