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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Invoking and encashing a bank guarantee - Demerger of business - bank guarantee for fulfillment of the duty amount - The High Court acknowledged the limited jurisdiction under Article 226 of the Constitution of India. It stated that it cannot adjudicate on the terms of the demerger or the inter se liability between the petitioner and respondent no. 2. Furthermore, the court recognized the principle that a bank guarantee constitutes an independent contract between the bank and the party in whose favor it is issued. Consequently, the court determined that issues concerning the invocation of the bank guarantee should be addressed in appropriate proceedings dealing with contractual matters.
Invoking and encashing a bank guarantee - Demerger of business - bank guarantee for fulfillment of the duty amount - The High Court acknowledged the limited jurisdiction under Article 226 of the Constitution of India. It stated that it cannot adjudicate on the terms of the demerger or the inter se liability between the petitioner and respondent no. 2. Furthermore, the court recognized the principle that a bank guarantee constitutes an independent contract between the bank and the party in whose favor it is issued. Consequently, the court determined that issues concerning the invocation of the bank guarantee should be addressed in appropriate proceedings dealing with contractual matters.
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