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 Appellate Tribunal upheld the NCLT's dismissal of the Company Petition filed under Section 9 of the IBC, finding that the operational creditor's claim was fully satisfied by the respondent's remittance, which the appellant failed to disclose. The appellant's conduct in prolonging proceedings and not withdrawing the petition despite multiple adjournments was deemed reprehensible. While the NCLT imposed costs of Rs. 5,00,000/- on the appellant for unnecessary delay, the Tribunal, considering the appellant's changed management and plausible explanations, reduced the costs to Rs. 1,00,000/-. The appellant is directed to deposit this amount within 30 days, with proof to be submitted to the Registry. The appeal is accordingly disposed of.
The Appellate Tribunal upheld the NCLT's dismissal of the Company Petition filed under Section 9 of the IBC, finding that the operational creditor's claim was fully satisfied by the respondent's remittance, which the appellant failed to disclose. The appellant's conduct in prolonging proceedings and not withdrawing the petition despite multiple adjournments was deemed reprehensible. While the NCLT imposed costs of Rs. 5,00,000/- on the appellant for unnecessary delay, the Tribunal, considering the appellant's changed management and plausible explanations, reduced the costs to Rs. 1,00,000/-. The appellant is directed to deposit this amount within 30 days, with proof to be submitted to the Registry. The appeal is accordingly disposed of.
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