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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The Supreme Court held that the lookback period for related party transactions u/s 43 of the Insolvency and Bankruptcy Code (IBC) is two years before the insolvency commencement date, while for non-related parties, it is one year. If the outstanding amount pertains to a period beyond two years prior to the CIRP commencement date for a related party transaction, relief u/s 43 of the IBC would not be available. However, alternative actions, including u/s 66 of the IBC, may be pursued. The NCLAT order was set aside, and the appeal was disposed of accordingly.
The Supreme Court held that the lookback period for related party transactions u/s 43 of the Insolvency and Bankruptcy Code (IBC) is two years before the insolvency commencement date, while for non-related parties, it is one year. If the outstanding amount pertains to a period beyond two years prior to the CIRP commencement date for a related party transaction, relief u/s 43 of the IBC would not be available. However, alternative actions, including u/s 66 of the IBC, may be pursued. The NCLAT order was set aside, and the appeal was disposed of accordingly.
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