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...
Seeking winding up of the respondent company - failure to pay debt in the normal and ordinary course of its business - The High Court notes the respondent company's consistent default in rent payment and the legal actions initiated against them. However, the court observes that no Provisional Liquidator or Official Liquidator has been appointed in the present petition, rendering it a non-starter. Considering the enactment of the Insolvency and Bankruptcy Code, 2016, and the Companies Act, 2013, during the proceedings, the court deems it appropriate to transfer the case to the National Company Law Tribunal (NCLT) as per Section 434 of the Companies Act, 2013.
Seeking winding up of the respondent company - failure to pay debt in the normal and ordinary course of its business - The High Court notes the respondent company's consistent default in rent payment and the legal actions initiated against them. However, the court observes that no Provisional Liquidator or Official Liquidator has been appointed in the present petition, rendering it a non-starter. Considering the enactment of the Insolvency and Bankruptcy Code, 2016, and the Companies Act, 2013, during the proceedings, the court deems it appropriate to transfer the case to the National Company Law Tribunal (NCLT) as per Section 434 of the Companies Act, 2013.
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