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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Rejection of Section 9 application - CIRP - cyber fraud committed against the Respondent - pre-existing disputes or not - While a cyber fraud occurred, the Tribunal noted that it did not necessarily constitute a pre-existing dispute between the parties. The fraud was committed by unknown third parties, as per the respondent's own admission in their police complaint. The Tribunal concluded that the fraud and subsequent police complaint did not establish a dispute between the appellant and respondent. - The Tribunal affirmed that the debt was undisputed and unpaid, satisfying the criteria for initiating proceedings under Section 9 of the IBC.
Rejection of Section 9 application - CIRP - cyber fraud committed against the Respondent - pre-existing disputes or not - While a cyber fraud occurred, the Tribunal noted that it did not necessarily constitute a pre-existing dispute between the parties. The fraud was committed by unknown third parties, as per the respondent's own admission in their police complaint. The Tribunal concluded that the fraud and subsequent police complaint did not establish a dispute between the appellant and respondent. - The Tribunal affirmed that the debt was undisputed and unpaid, satisfying the criteria for initiating proceedings under Section 9 of the IBC.
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