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 amended exclusion from the interim moratorium applies to personal-guarantor insolvency applications filed before its commencement that remain pending. Its application is retroactive because it governs a continuing proceeding from the amendment's effective date without impairing vested rights, and it does not depend on the identity of the insolvency applicant. The interim moratorium consequently ceases for affected guarantors. Pending commencement and conduct of arbitration, limited protection may require asset disclosure and restrain alienation or dissipation of disclosed assets. Such measures do not require a deposit and may be vacated if arbitration-appointment proceedings are not initiated within the stipulated period, while remaining subject to modification by the arbitral tribunal.
The amended exclusion from the interim moratorium applies to personal-guarantor insolvency applications filed before its commencement that remain pending. Its application is retroactive because it governs a continuing proceeding from the amendment's effective date without impairing vested rights, and it does not depend on the identity of the insolvency applicant. The interim moratorium consequently ceases for affected guarantors. Pending commencement and conduct of arbitration, limited protection may require asset disclosure and restrain alienation or dissipation of disclosed assets. Such measures do not require a deposit and may be vacated if arbitration-appointment proceedings are not initiated within the stipulated period, while remaining subject to modification by the arbitral tribunal.
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