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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Reimbursement of additional expenditure incurred due to an increase in the rates of royalty and associated sales tax on soil, sand and crushed stone aggregates - Arbitration Award - The Supreme Court upheld the Division Bench's decision, stating that any increase in tax through subsequent legislation is akin to the levy of additional royalty. The Court confirmed that the imposition of sales tax was indeed increased, and thus, the claim for reimbursement based on the increase was justified. The Court emphasized that such claims were covered by clause 70.8 of the agreement, and the Arbitral Tribunal's interpretation was consistent with previous legal precedents. Therefore, the appellant's challenge on this issue was dismissed. - The Court upheld the majority opinion of the Arbitral Tribunal regarding the construction of embankment work. It reiterated that the interpretation of contract terms primarily falls within the Arbitral Tribunal's jurisdiction.
Reimbursement of additional expenditure incurred due to an increase in the rates of royalty and associated sales tax on soil, sand and crushed stone aggregates - Arbitration Award - The Supreme Court upheld the Division Bench's decision, stating that any increase in tax through subsequent legislation is akin to the levy of additional royalty. The Court confirmed that the imposition of sales tax was indeed increased, and thus, the claim for reimbursement based on the increase was justified. The Court emphasized that such claims were covered by clause 70.8 of the agreement, and the Arbitral Tribunal's interpretation was consistent with previous legal precedents. Therefore, the appellant's challenge on this issue was dismissed. - The Court upheld the majority opinion of the Arbitral Tribunal regarding the construction of embankment work. It reiterated that the interpretation of contract terms primarily falls within the Arbitral Tribunal's jurisdiction.
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