Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Royalty paid for technical know-how may be benchmarked under the transactional net margin method where it is intrinsically linked to manufacturing operations and entity-level margins are arm's length. A domestic royalty rate is not automatically a comparable uncontrolled price for export sales without demonstrated comparability of terms, markets, volumes and business conditions. The notes also address the stringent functional comparability required for commission benchmarking, indexation and transfer-expense verification in capital gains, and appellate consideration of an additional industrial-shifting exemption claim. They further cover non-taxability of overseas commission absent an Indian business connection or permanent establishment, and the presumption that investments derive from own funds where such funds exceed investments.
Royalty paid for technical know-how may be benchmarked under the transactional net margin method where it is intrinsically linked to manufacturing operations and entity-level margins are arm's length. A domestic royalty rate is not automatically a comparable uncontrolled price for export sales without demonstrated comparability of terms, markets, volumes and business conditions. The notes also address the stringent functional comparability required for commission benchmarking, indexation and transfer-expense verification in capital gains, and appellate consideration of an additional industrial-shifting exemption claim. They further cover non-taxability of overseas commission absent an Indian business connection or permanent establishment, and the presumption that investments derive from own funds where such funds exceed investments.
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