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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Arbitration application allowed u/s 11(6) of Arbitration and Conciliation Act, 1996. Court's role limited to determining existence of arbitration agreement and not touching merits. Mere failure to pay may not give rise to cause of action, but denial of claim gives rise to dispute. Applicant raised dispute within limitation period after settlement of final bill. Whether claim barred by limitation to be decided by arbitrator u/s 20. Negotiations don't postpone limitation period u/s 43 read with Limitation Act, 1963.
Arbitration application allowed u/s 11(6) of Arbitration and Conciliation Act, 1996. Court's role limited to determining existence of arbitration agreement and not touching merits. Mere failure to pay may not give rise to cause of action, but denial of claim gives rise to dispute. Applicant raised dispute within limitation period after settlement of final bill. Whether claim barred by limitation to be decided by arbitrator u/s 20. Negotiations don't postpone limitation period u/s 43 read with Limitation Act, 1963.
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