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 under SARFAESI Act, the liability of mortgagor is distinct from the borrower in determining pre-deposit amount. The court clarified that when a borrower raises objections to a secured creditor's notice, the creditor's response can be considered in calculating the debt due. The statutory provisions mandate the secured creditor to consider and communicate responses to borrower representations. The court directed DRAT to reassess the pre-deposit amount by considering the petitioner's reply and bank's rejoinder, effectively quashing the previous order and allowing the petition in part.
HC held that under SARFAESI Act, the liability of mortgagor is distinct from the borrower in determining pre-deposit amount. The court clarified that when a borrower raises objections to a secured creditor's notice, the creditor's response can be considered in calculating the debt due. The statutory provisions mandate the secured creditor to consider and communicate responses to borrower representations. The court directed DRAT to reassess the pre-deposit amount by considering the petitioner's reply and bank's rejoinder, effectively quashing the previous order and allowing the petition in part.
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