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 HC dismissed the petition seeking waiver of the pre-deposit requirement under the third proviso to Section 18(1) of the SARFAESI Act, affirming that the borrower must deposit 25% of the debt, including interest up to the appeal's institution date before the DRAT. The borrower failed to produce evidence negating the classification of the loan as an NPA or establish any financial hardship. Alleged accounting errors and partial payments post-Section 13(2) notice were insufficient to demonstrate a prima facie case or justify waiver. The Court held that reliance on a typographical error in loan documents did not warrant interference with the DRAT's dismissal of the appeal for non-compliance with pre-deposit directions. Exercising discretionary jurisdiction under Articles 226 and 227 of the Constitution was deemed inappropriate as the borrower showed no bona fide intention to repay the debt. The petition was accordingly dismissed.
The HC dismissed the petition seeking waiver of the pre-deposit requirement under the third proviso to Section 18(1) of the SARFAESI Act, affirming that the borrower must deposit 25% of the debt, including interest up to the appeal's institution date before the DRAT. The borrower failed to produce evidence negating the classification of the loan as an NPA or establish any financial hardship. Alleged accounting errors and partial payments post-Section 13(2) notice were insufficient to demonstrate a prima facie case or justify waiver. The Court held that reliance on a typographical error in loan documents did not warrant interference with the DRAT's dismissal of the appeal for non-compliance with pre-deposit directions. Exercising discretionary jurisdiction under Articles 226 and 227 of the Constitution was deemed inappropriate as the borrower showed no bona fide intention to repay the debt. The petition was accordingly dismissed.
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