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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Conversion from an unlimited liability company to a limited liability company - Section 18 of the Companies Act, 2013 - Applicability of the amendments to Section 18 and Rule 37 - To be applied retrospectively for the application filed before the amendment or not - The High Court rejected the appellant's contention that it had a vested right to conversion under the unamended Act, stating that approval must align with the law as it exists at the time of granting such approval. The Court further reasoned that the amendment was curative in nature, designed to protect creditors' interests by introducing additional criteria for conversion, including the necessity for NOCs.
Conversion from an unlimited liability company to a limited liability company - Section 18 of the Companies Act, 2013 - Applicability of the amendments to Section 18 and Rule 37 - To be applied retrospectively for the application filed before the amendment or not - The High Court rejected the appellant's contention that it had a vested right to conversion under the unamended Act, stating that approval must align with the law as it exists at the time of granting such approval. The Court further reasoned that the amendment was curative in nature, designed to protect creditors' interests by introducing additional criteria for conversion, including the necessity for NOCs.
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