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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Maintainability of Criminal proceedings - illegal allotment of shares - illegal appointment of petitioner as a director and transfer of shares - The court highlighted the distinct domains of the NCLT and criminal courts, stressing that findings in civil adjudications (NCLT) do not automatically negate criminal prosecutions. - The court scrutinized the allegations of digital signature misuse, unauthorized share transfers, and surreptitious changes in directorship. It found that these allegations, supported by evidence collected during the investigation, merited closer examination under criminal law, contrary to the trial court's decision which leaned heavily on NCLT findings. - n a pivotal move, the High Court set aside the trial court's order, remanding the matter for a fresh evaluation.
Maintainability of Criminal proceedings - illegal allotment of shares - illegal appointment of petitioner as a director and transfer of shares - The court highlighted the distinct domains of the NCLT and criminal courts, stressing that findings in civil adjudications (NCLT) do not automatically negate criminal prosecutions. - The court scrutinized the allegations of digital signature misuse, unauthorized share transfers, and surreptitious changes in directorship. It found that these allegations, supported by evidence collected during the investigation, merited closer examination under criminal law, contrary to the trial court's decision which leaned heavily on NCLT findings. - n a pivotal move, the High Court set aside the trial court's order, remanding the matter for a fresh evaluation.
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