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 appellant was found guilty of bid rigging and cartelization in a tender process initiated by SBIIMS, contravening Sections 3(3)(c), 3(3)(d), and 3(1) of the Competition Act, 2002. The issue pertained to whether the penalty imposed on the appellant was proportionate to the offense, considering the criteria laid down in Excel Crop Care Ltd. vs CCI. The CCI differentiated the present case from Excel Crop Care, stating that the appellants were engaged in the supply of printed advertising/marketing materials, including signages, which constituted different varieties of the same product rather than multiple products. The CCI imposed a lenient penalty of 1% of the average relevant turnover for three financial years, despite the Act allowing up to 10%. The order was upheld by the Tribunal and the Supreme Court, attaining finality. The appeal was dismissed as lacking merit.
The appellant was found guilty of bid rigging and cartelization in a tender process initiated by SBIIMS, contravening Sections 3(3)(c), 3(3)(d), and 3(1) of the Competition Act, 2002. The issue pertained to whether the penalty imposed on the appellant was proportionate to the offense, considering the criteria laid down in Excel Crop Care Ltd. vs CCI. The CCI differentiated the present case from Excel Crop Care, stating that the appellants were engaged in the supply of printed advertising/marketing materials, including signages, which constituted different varieties of the same product rather than multiple products. The CCI imposed a lenient penalty of 1% of the average relevant turnover for three financial years, despite the Act allowing up to 10%. The order was upheld by the Tribunal and the Supreme Court, attaining finality. The appeal was dismissed as lacking merit.
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