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 held that Provident Fund (PF) dues, comprising both employee and employer contributions, are not corporate debtor assets subject to insolvency resolution. The employer holds these funds in trust for employees, with statutory obligations under EPF Act. PF claims survive the resolution plan and remain payable, as they fall outside the Insolvency and Bankruptcy Code's scope. The court emphasized workers' dues primacy, determining that employer's PF contributions constitute a trust property for employees, irrespective of actual deposit in the fund account. Consequently, the petition was dismissed, affirming the respondents' right to claim PF dues.
HC held that Provident Fund (PF) dues, comprising both employee and employer contributions, are not corporate debtor assets subject to insolvency resolution. The employer holds these funds in trust for employees, with statutory obligations under EPF Act. PF claims survive the resolution plan and remain payable, as they fall outside the Insolvency and Bankruptcy Code's scope. The court emphasized workers' dues primacy, determining that employer's PF contributions constitute a trust property for employees, irrespective of actual deposit in the fund account. Consequently, the petition was dismissed, affirming the respondents' right to claim PF dues.
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