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 allowed the appeal, setting aside the HC's partial exclusion of arbitrable claims. The Court held that the HC erred in bifurcating the claims, determining that the entire dispute should be referred to arbitration. The arbitral tribunal retains discretion to evaluate and decide on the arbitrability of specific claims raised by parties. The decision reinforces the broad interpretative approach under the Arbitration and Conciliation Act, 1996, emphasizing the tribunal's autonomy in addressing jurisdictional challenges. No costs were awarded, leaving parties free to present non-arbitrability arguments during arbitration proceedings.
SC allowed the appeal, setting aside the HC's partial exclusion of arbitrable claims. The Court held that the HC erred in bifurcating the claims, determining that the entire dispute should be referred to arbitration. The arbitral tribunal retains discretion to evaluate and decide on the arbitrability of specific claims raised by parties. The decision reinforces the broad interpretative approach under the Arbitration and Conciliation Act, 1996, emphasizing the tribunal's autonomy in addressing jurisdictional challenges. No costs were awarded, leaving parties free to present non-arbitrability arguments during arbitration proceedings.
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