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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Constitutional validity of para 83 of the EPF Scheme and para 43A of the Pension Scheme - international workers - Discrimination - Grievance of the petitioners is that, under para 83 of the EPF Scheme, “international workers” are covered under the Act and Scheme, irrespective of their salary drawn by them. - The High Court observed that provisions treated international workers differently from domestic workers without a sufficient justification, thus violating the equality clause of the Constitution. - The classification of workers under these paras did not have a rational relation to the objectives of the EPF & MP Act, which aims to provide social security to workers in lower income brackets, not to impose burdens on high-earning international workers. - Consequently, the High Court held the provisions as unconstitutional. They were struck down as they were found to be discriminatory, arbitrary, and ultra vires (beyond the powers of the Act)
Constitutional validity of para 83 of the EPF Scheme and para 43A of the Pension Scheme - international workers - Discrimination - Grievance of the petitioners is that, under para 83 of the EPF Scheme, “international workers” are covered under the Act and Scheme, irrespective of their salary drawn by them. - The High Court observed that provisions treated international workers differently from domestic workers without a sufficient justification, thus violating the equality clause of the Constitution. - The classification of workers under these paras did not have a rational relation to the objectives of the EPF & MP Act, which aims to provide social security to workers in lower income brackets, not to impose burdens on high-earning international workers. - Consequently, the High Court held the provisions as unconstitutional. They were struck down as they were found to be discriminatory, arbitrary, and ultra vires (beyond the powers of the Act)
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