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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Absence of a separately produced deed of guarantee did not invalidate insolvency proceedings where the record showed the appellant had executed a letter of guarantee, signed the loan agreement as guarantor, and never disputed his status or alleged fraud. The loan agreement recorded his undertaking and liability, which was sufficient to establish him as a personal guarantor and surety to the corporate debtor within the Code. On that basis, the correlated documents satisfied the substantive requirement of a contract of guarantee, and the challenge to admission of the insolvency application failed.
Absence of a separately produced deed of guarantee did not invalidate insolvency proceedings where the record showed the appellant had executed a letter of guarantee, signed the loan agreement as guarantor, and never disputed his status or alleged fraud. The loan agreement recorded his undertaking and liability, which was sufficient to establish him as a personal guarantor and surety to the corporate debtor within the Code. On that basis, the correlated documents satisfied the substantive requirement of a contract of guarantee, and the challenge to admission of the insolvency application failed.
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