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 applied the doctrine of priority under Section 48 of TP Act, affirming UCO Bank Consortium's first pari-passu charge over the Corporate Debtor's movable assets. The Tribunal rejected the Respondent's claim based on ROC registration, determining that the 8th Supplemental Deed of Working Capital Consortium Agreement established UCO Bank Consortium's priority. Referencing precedents including J.M. Financial Asset Reconstruction Company Ltd case, the Tribunal held that only one secured creditor can enforce realization rights, and the Respondent failed to sufficiently identify charged assets under Section 52 of the Code. Consequently, the appeal was allowed in favor of the Appellant.
NCLAT applied the doctrine of priority under Section 48 of TP Act, affirming UCO Bank Consortium's first pari-passu charge over the Corporate Debtor's movable assets. The Tribunal rejected the Respondent's claim based on ROC registration, determining that the 8th Supplemental Deed of Working Capital Consortium Agreement established UCO Bank Consortium's priority. Referencing precedents including J.M. Financial Asset Reconstruction Company Ltd case, the Tribunal held that only one secured creditor can enforce realization rights, and the Respondent failed to sufficiently identify charged assets under Section 52 of the Code. Consequently, the appeal was allowed in favor of the Appellant.
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