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 HC held that the time limit for Chief Metropolitan Magistrate or District Magistrate to act under Section 14 of the SARFAESI Act is directory, not mandatory. These authorities do not become functus officio upon expiry of the statutory period of thirty days or extended period of sixty days. The Court reasoned that interpreting the timeline as mandatory would frustrate the Act's primary objective of timely debt recovery, leaving secured creditors remediless due to administrative delays and unjustly enriching defaulting borrowers. The borrower has no right to object to recovery steps when liable to repay the loan. The petition was allowed, directing the District Magistrate to dispose of the bank's application within four weeks.
The HC held that the time limit for Chief Metropolitan Magistrate or District Magistrate to act under Section 14 of the SARFAESI Act is directory, not mandatory. These authorities do not become functus officio upon expiry of the statutory period of thirty days or extended period of sixty days. The Court reasoned that interpreting the timeline as mandatory would frustrate the Act's primary objective of timely debt recovery, leaving secured creditors remediless due to administrative delays and unjustly enriching defaulting borrowers. The borrower has no right to object to recovery steps when liable to repay the loan. The petition was allowed, directing the District Magistrate to dispose of the bank's application within four weeks.
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