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 NCLAT set aside the adjudicating authority's mechanical admission of a Section 95 application, finding a lack of independent assessment. The tribunal emphasized that the adjudicating authority must conduct a comprehensive evaluation beyond the Resolution Professional's report, particularly considering the already realized assets under SARFAESI. The court directed a fresh opportunity for personal guarantors to file objections within 30 days, mandating the adjudicating authority to comprehensively review all materials before passing a renewed order under Section 100. The appellate tribunal remanded the matter for a de novo examination, ensuring a substantive and procedurally sound review of the insolvency proceedings.
The NCLAT set aside the adjudicating authority's mechanical admission of a Section 95 application, finding a lack of independent assessment. The tribunal emphasized that the adjudicating authority must conduct a comprehensive evaluation beyond the Resolution Professional's report, particularly considering the already realized assets under SARFAESI. The court directed a fresh opportunity for personal guarantors to file objections within 30 days, mandating the adjudicating authority to comprehensively review all materials before passing a renewed order under Section 100. The appellate tribunal remanded the matter for a de novo examination, ensuring a substantive and procedurally sound review of the insolvency proceedings.
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