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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Constitutional Validity of Circular - The court examined whether the Circular introduced new legal standards beyond the scope of the IBBI's authority and whether it applied retrospectively, affecting the petitioner's past actions. - The High Court invalidated parts of the Circular that introduced new requirements for the computation of liquidators' fees, marking them as substantive amendments that could not be enacted without following the prescribed legislative process. Conversely, the Court recognized the IBBI's role in clarifying ambiguous aspects of the regulations, thereby facilitating better compliance by insolvency professionals.
Constitutional Validity of Circular - The court examined whether the Circular introduced new legal standards beyond the scope of the IBBI's authority and whether it applied retrospectively, affecting the petitioner's past actions. - The High Court invalidated parts of the Circular that introduced new requirements for the computation of liquidators' fees, marking them as substantive amendments that could not be enacted without following the prescribed legislative process. Conversely, the Court recognized the IBBI's role in clarifying ambiguous aspects of the regulations, thereby facilitating better compliance by insolvency professionals.
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