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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Rightful owners of 4000 shares or not - Exercise of jurisdiction u/s 8 of the Arbitration and Conciliation Act - The Appellate Tribunal emphasizes that the NCLT's jurisdiction under Section 8 of the Arbitration and Conciliation Act is limited to determining the existence of a valid arbitration agreement and whether the dispute is arbitrable. The Tribunal rules that the NCLT exceeded its jurisdiction by making findings on the ownership of shares, which should be decided at an appropriate stage of the main case.
Rightful owners of 4000 shares or not - Exercise of jurisdiction u/s 8 of the Arbitration and Conciliation Act - The Appellate Tribunal emphasizes that the NCLT's jurisdiction under Section 8 of the Arbitration and Conciliation Act is limited to determining the existence of a valid arbitration agreement and whether the dispute is arbitrable. The Tribunal rules that the NCLT exceeded its jurisdiction by making findings on the ownership of shares, which should be decided at an appropriate stage of the main case.
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