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 reviewed a petition challenging the classification of a corporate entity as a 'fraud' based on non-payment of institutional loans. The court found the bank's grounds for classification unsustainable, noting the company's balance sheets demonstrated substantial cash accruals and transactions. The court held that grounds previously rejected for 'wilful defaulter' status cannot form the basis for 'fraud' classification without additional independent material. The court emphasized that declaring an account as 'fraud' requires a higher degree of criminality. Consequently, the HC quashed the bank's fraud classification, ruling the action arbitrary, unfair, and legally untenable, and corrected minor typographical errors in the original judgment.
HC reviewed a petition challenging the classification of a corporate entity as a 'fraud' based on non-payment of institutional loans. The court found the bank's grounds for classification unsustainable, noting the company's balance sheets demonstrated substantial cash accruals and transactions. The court held that grounds previously rejected for 'wilful defaulter' status cannot form the basis for 'fraud' classification without additional independent material. The court emphasized that declaring an account as 'fraud' requires a higher degree of criminality. Consequently, the HC quashed the bank's fraud classification, ruling the action arbitrary, unfair, and legally untenable, and corrected minor typographical errors in the original judgment.
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