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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Recovery of Tax Dues versus Secured Creditors - priority of security interest and its enforcement over the Secured Assets - The High court clarified the priority of security interests over the assets in question. It cited Section 26-C(1) of the SARFAESI Act, which establishes that registration with the Central Registry of Securitization Asset Reconstruction and Security Interest of India (CERSAI) acts as public notice. The court affirmed that SBI's mortgage, created in 2010 and registered in CERSAI in 2012, had priority over subsequent claims.
Recovery of Tax Dues versus Secured Creditors - priority of security interest and its enforcement over the Secured Assets - The High court clarified the priority of security interests over the assets in question. It cited Section 26-C(1) of the SARFAESI Act, which establishes that registration with the Central Registry of Securitization Asset Reconstruction and Security Interest of India (CERSAI) acts as public notice. The court affirmed that SBI's mortgage, created in 2010 and registered in CERSAI in 2012, had priority over subsequent claims.
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