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 Appellate Tribunal allowed the appeal and set aside the NCLT's impugned order, which had erroneously directed the Board to take over employees from the ATM and Cash Management Division of Respondent No.2 under the garb of interpreting the Scheme of Arrangement. The Scheme was fully implemented in 2011 with the knowledge of Respondent No.1 union, and multiple wage settlements were entered into without objections. Respondent No.1's application seeking modification of the Scheme's express terms was impermissible and barred by limitation. Only the ATM and Cash Management businesses were transferred, not all employees of the Transferor Company. Interpreting the Scheme to mean all employees stood transferred to the Appellant on the Effective Date was impractical and inconceivable.
The Appellate Tribunal allowed the appeal and set aside the NCLT's impugned order, which had erroneously directed the Board to take over employees from the ATM and Cash Management Division of Respondent No.2 under the garb of interpreting the Scheme of Arrangement. The Scheme was fully implemented in 2011 with the knowledge of Respondent No.1 union, and multiple wage settlements were entered into without objections. Respondent No.1's application seeking modification of the Scheme's express terms was impermissible and barred by limitation. Only the ATM and Cash Management businesses were transferred, not all employees of the Transferor Company. Interpreting the Scheme to mean all employees stood transferred to the Appellant on the Effective Date was impractical and inconceivable.
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