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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Initiation of CIRP - existence of debt of dispute or not - There is no claim regarding the principal amount and the issue of contention is demurrage and detention charges. The corporate debtor has averred that detention and demurrage charges does not fall under the definition of operational debt under Section 5(21) of the Code. It clearly reflects that a dispute was in existence prior to issuance of the statutory demand notice under Section 8 of the Code by the applicant. There is sufficient evidence to prove the existence of dispute. - Tri
Initiation of CIRP - existence of debt of dispute or not - There is no claim regarding the principal amount and the issue of contention is demurrage and detention charges. The corporate debtor has averred that detention and demurrage charges does not fall under the definition of operational debt under Section 5(21) of the Code. It clearly reflects that a dispute was in existence prior to issuance of the statutory demand notice under Section 8 of the Code by the applicant. There is sufficient evidence to prove the existence of dispute. - Tri
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
