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 set aside Single Judge's order vacating interim stay and confirmed interim order restraining NCLT's vacation of attachment orders under PMLA 2002. Court held NCLT, being tribunal of limited jurisdiction under IB Code 2016, lacks authority to nullify attachment orders confirmed by adjudicating authority under PMLA 2002, which constitutes self-contained code with specific appellate mechanism. Section 238 overriding clause of IB Code cannot confer jurisdiction on NCLT to vacate PMLA attachment orders, particularly when such orders remain under challenge before PMLA Appellate Tribunal with existing status quo directions. Single Judge erred by not considering jurisdictional challenge and failed to maintain status quo pending final adjudication on merits. Appeal allowed.
HC set aside Single Judge's order vacating interim stay and confirmed interim order restraining NCLT's vacation of attachment orders under PMLA 2002. Court held NCLT, being tribunal of limited jurisdiction under IB Code 2016, lacks authority to nullify attachment orders confirmed by adjudicating authority under PMLA 2002, which constitutes self-contained code with specific appellate mechanism. Section 238 overriding clause of IB Code cannot confer jurisdiction on NCLT to vacate PMLA attachment orders, particularly when such orders remain under challenge before PMLA Appellate Tribunal with existing status quo directions. Single Judge erred by not considering jurisdictional challenge and failed to maintain status quo pending final adjudication on merits. Appeal allowed.
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