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 SC affirmed the arbitral tribunal's inherent power to implead or join non-signatories to arbitration proceedings based on the 'group of companies' doctrine. The tribunal is deemed the most appropriate forum to determine whether a non-signatory is bound by an arbitration agreement, given its ability to comprehensively assess evidence and circumstances. The court emphasized that the jurisdiction of an arbitral tribunal stems from the arbitration agreement itself, and there are no statutory prohibitions preventing the tribunal from impleading a non-signatory. The appeal was ultimately dismissed, with the court highlighting the need for legislative clarity in arbitration law to reduce uncertainty in commercial disputes.
The SC affirmed the arbitral tribunal's inherent power to implead or join non-signatories to arbitration proceedings based on the 'group of companies' doctrine. The tribunal is deemed the most appropriate forum to determine whether a non-signatory is bound by an arbitration agreement, given its ability to comprehensively assess evidence and circumstances. The court emphasized that the jurisdiction of an arbitral tribunal stems from the arbitration agreement itself, and there are no statutory prohibitions preventing the tribunal from impleading a non-signatory. The appeal was ultimately dismissed, with the court highlighting the need for legislative clarity in arbitration law to reduce uncertainty in commercial disputes.
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