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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NCLAT allowed the appeal, setting aside the NCLT's order challenging the insolvency proceedings. The Tribunal found that the corporate guarantor's multiple documentary acknowledgments, including signed sanction letters, revival letters, and balance confirmations, conclusively established ongoing liability. The Tribunal critically examined the lower court's findings, determining that the allegations of fraud and forum shopping were unsupported by substantive evidence. The decision upheld the guarantee's binding nature under Section 128 of the Indian Contract Act and affirmed the bank's legitimate debt recovery process. The appellate order emphasized the importance of comprehensive documentary evidence and proper judicial scrutiny in insolvency proceedings, ultimately reinstating the original Section 7 application.
NCLAT allowed the appeal, setting aside the NCLT's order challenging the insolvency proceedings. The Tribunal found that the corporate guarantor's multiple documentary acknowledgments, including signed sanction letters, revival letters, and balance confirmations, conclusively established ongoing liability. The Tribunal critically examined the lower court's findings, determining that the allegations of fraud and forum shopping were unsupported by substantive evidence. The decision upheld the guarantee's binding nature under Section 128 of the Indian Contract Act and affirmed the bank's legitimate debt recovery process. The appellate order emphasized the importance of comprehensive documentary evidence and proper judicial scrutiny in insolvency proceedings, ultimately reinstating the original Section 7 application.
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