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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Abatement of reference proceedings occurs where secured creditors take measures to recover secured debt under SARFAESI Act. Third proviso to Section 15(1) of SICA mandates abatement if secured creditors representing not less than three-fourths of outstanding amount initiate recovery u/s 13(4) of SARFAESI Act. Legislative intent is to benefit secured creditors by abating proceedings upon recovery action by majority creditors. Abatement is a necessary consequence where statutory conditions are met. Even before SICA repeal, reference proceedings abated u/s 15(1) third proviso, rendering Section 4(b) third proviso of SIC Repeal Act inapplicable.
Abatement of reference proceedings occurs where secured creditors take measures to recover secured debt under SARFAESI Act. Third proviso to Section 15(1) of SICA mandates abatement if secured creditors representing not less than three-fourths of outstanding amount initiate recovery u/s 13(4) of SARFAESI Act. Legislative intent is to benefit secured creditors by abating proceedings upon recovery action by majority creditors. Abatement is a necessary consequence where statutory conditions are met. Even before SICA repeal, reference proceedings abated u/s 15(1) third proviso, rendering Section 4(b) third proviso of SIC Repeal Act inapplicable.
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