Transfer pricing requires evidence for AMP transactions, functionally reliable comparables, and appropriate aggregation or Berry Ratio benchmarking me...
Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
The Tamil Nadu Protection of Interests of Depositors Act (TNPID Act), 1997, is a special enactment intended to protect depositors' rights and provide a mechanism for disbursement of assets of the accused, apart from punishing them. The Insolvency and Bankruptcy Code (IBC), 2016, overrides inconsistent provisions in other laws, as per Section 238. However, the Madras High Court held that the TNPID Act's purpose, upheld by the Supreme Court despite marginal encroachment into Central legislations, cannot be ignored. The Court ruled that the NCLT order declaring attachments under the TNPID Act null and void was contrary to settled principles of law. The State's sovereign power and duty to protect public interest through the TNPID Act was reiterated, allowing the petition.
The Tamil Nadu Protection of Interests of Depositors Act (TNPID Act), 1997, is a special enactment intended to protect depositors' rights and provide a mechanism for disbursement of assets of the accused, apart from punishing them. The Insolvency and Bankruptcy Code (IBC), 2016, overrides inconsistent provisions in other laws, as per Section 238. However, the Madras High Court held that the TNPID Act's purpose, upheld by the Supreme Court despite marginal encroachment into Central legislations, cannot be ignored. The Court ruled that the NCLT order declaring attachments under the TNPID Act null and void was contrary to settled principles of law. The State's sovereign power and duty to protect public interest through the TNPID Act was reiterated, allowing the petition.
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