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 dismissed the appeal filed by the Appellant Association, M/s. Lanco Infratech Employees Welfare Association, comprising 212 members, seeking entitlement to 'retention allowance'. The Tribunal held that the members were not entitled to the retention allowance amounting to Rs. 2,80,36,076/- as no service conditions or terms of appointment were provided to establish that the retention allowance formed part of their emoluments or salary payable under the service contract. The endorsement by the then Managing Director and payment slips alone were insufficient to establish the legal enforceability of the retention allowance. However, the Tribunal upheld the entitlement to salary for the month of June 2017, subject to it not being already paid or challenged before a superior forum. The Impugned Order dated 11.03.2024 by the NCLT was found free from apparent error, and the appeal was dismissed.
The Appellate Tribunal dismissed the appeal filed by the Appellant Association, M/s. Lanco Infratech Employees Welfare Association, comprising 212 members, seeking entitlement to 'retention allowance'. The Tribunal held that the members were not entitled to the retention allowance amounting to Rs. 2,80,36,076/- as no service conditions or terms of appointment were provided to establish that the retention allowance formed part of their emoluments or salary payable under the service contract. The endorsement by the then Managing Director and payment slips alone were insufficient to establish the legal enforceability of the retention allowance. However, the Tribunal upheld the entitlement to salary for the month of June 2017, subject to it not being already paid or challenged before a superior forum. The Impugned Order dated 11.03.2024 by the NCLT was found free from apparent error, and the appeal was dismissed.
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