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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HC affirmed issuance of mandamus under Article 226 where RBI failed to exercise statutory powers regarding ECL's regulatory violations. Court established that vesting of statutory power upon public authority implies duty, enforceable through writ jurisdiction. Parallel NCLT proceedings did not bar HC's constitutional jurisdiction to direct RBI's exercise of powers under RBI Act, specifically Sections 45-IE and 45MA. HC maintained its authority to issue protective interim orders based on RBI's findings of ECL's regulatory breaches. Court emphasized that NCLT lacks jurisdiction to issue prerogative writs directing RBI's statutory functions. Appeal challenging writ maintainability dismissed, upholding HC's constitutional mandate to ensure statutory authorities fulfill prescribed duties.
HC affirmed issuance of mandamus under Article 226 where RBI failed to exercise statutory powers regarding ECL's regulatory violations. Court established that vesting of statutory power upon public authority implies duty, enforceable through writ jurisdiction. Parallel NCLT proceedings did not bar HC's constitutional jurisdiction to direct RBI's exercise of powers under RBI Act, specifically Sections 45-IE and 45MA. HC maintained its authority to issue protective interim orders based on RBI's findings of ECL's regulatory breaches. Court emphasized that NCLT lacks jurisdiction to issue prerogative writs directing RBI's statutory functions. Appeal challenging writ maintainability dismissed, upholding HC's constitutional mandate to ensure statutory authorities fulfill prescribed duties.
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