Transfer pricing comparability requires functional alignment and permits working capital adjustment, while APA margins cannot govern non-covered years...
Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Insolvency and BankruptcyMarch 19, 2024Case LawsAT
Maintainability of appeal - time limitation - Whether appeals filed without certified copies of the impugned orders, due to delays in obtaining them? - The Tribunal considered the mandatory requirement of annexing certified copies with appeals, as stipulated in its rules, against the backdrop of Supreme Court decisions emphasizing procedural law as a means to aid justice rather than hinder it. The NCLAT granted exemptions for filing certified copies in ten appeals where such applications were made, recognizing the Tribunal's power to exempt compliance with procedural requirements for substantial justice. However, it dismissed three appeals where no exemption applications were filed, reinforcing the necessity of following prescribed procedural norms.
Maintainability of appeal - time limitation - Whether appeals filed without certified copies of the impugned orders, due to delays in obtaining them? - The Tribunal considered the mandatory requirement of annexing certified copies with appeals, as stipulated in its rules, against the backdrop of Supreme Court decisions emphasizing procedural law as a means to aid justice rather than hinder it. The NCLAT granted exemptions for filing certified copies in ten appeals where such applications were made, recognizing the Tribunal's power to exempt compliance with procedural requirements for substantial justice. However, it dismissed three appeals where no exemption applications were filed, reinforcing the necessity of following prescribed procedural norms.
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