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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SC held that service of Section 21 notice and joinder in Section 11 application are not absolute prerequisites for impleading a party in arbitration proceedings. The arbitral tribunal's jurisdiction derives from consent under the arbitration agreement, and the tribunal must determine party status under Section 16 of the Arbitration and Conciliation Act. Non-signatory parties can be impleaded based on their conduct and contractual relationship, even if not originally named in the initial arbitration notice. The tribunal retains discretion to join parties who have effectively consented to be bound by the arbitration agreement through their actions.
SC held that service of Section 21 notice and joinder in Section 11 application are not absolute prerequisites for impleading a party in arbitration proceedings. The arbitral tribunal's jurisdiction derives from consent under the arbitration agreement, and the tribunal must determine party status under Section 16 of the Arbitration and Conciliation Act. Non-signatory parties can be impleaded based on their conduct and contractual relationship, even if not originally named in the initial arbitration notice. The tribunal retains discretion to join parties who have effectively consented to be bound by the arbitration agreement through their actions.
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