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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NCLAT determined that assets of a subsidiary company cannot be treated as assets of the corporate debtor (holding company) during insolvency proceedings. The tribunal set aside the Adjudicating Authority's directive for fresh valuation of The Learning Internet Inc. shares, ruling it exceeded jurisdictional scope. The corporate guarantor's claim of undervaluation should have been addressed before Singapore's High Court under relevant insolvency laws, not NCLT. Historic valuation reports from 2008 and 2014-2021 were deemed irrelevant to current proceedings. The tribunal emphasized that moratorium under IBC applies exclusively to corporate debtor's assets, not subsidiary holdings. Appeal allowed, impugned order set aside.
NCLAT determined that assets of a subsidiary company cannot be treated as assets of the corporate debtor (holding company) during insolvency proceedings. The tribunal set aside the Adjudicating Authority's directive for fresh valuation of The Learning Internet Inc. shares, ruling it exceeded jurisdictional scope. The corporate guarantor's claim of undervaluation should have been addressed before Singapore's High Court under relevant insolvency laws, not NCLT. Historic valuation reports from 2008 and 2014-2021 were deemed irrelevant to current proceedings. The tribunal emphasized that moratorium under IBC applies exclusively to corporate debtor's assets, not subsidiary holdings. Appeal allowed, impugned order set aside.
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