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 held that eviction proceedings under the KBLR Act were not maintainable against the petitioner firm occupying premises within an SEZ, as the tenancy was incidental to the entrepreneur-developer relationship governed exclusively by the SEZ Act. Section 42 of the SEZ Act mandates arbitration as the sole dispute resolution mechanism for such disputes, excluding ordinary rent control remedies. The court found no repugnancy between the SEZ Act and KBLR Act due to their distinct legislative domains and purposes, applying the doctrine of pith and substance. The premises, being part of an Industrial Township, fall outside the KBLR Act's ambit per relevant state legislation. The respondent's attempt to evict under the KBLR Act was thus improper; instead, disputes must be resolved via SEZ Act arbitration. The petition was allowed, setting aside the impugned eviction order.
The HC held that eviction proceedings under the KBLR Act were not maintainable against the petitioner firm occupying premises within an SEZ, as the tenancy was incidental to the entrepreneur-developer relationship governed exclusively by the SEZ Act. Section 42 of the SEZ Act mandates arbitration as the sole dispute resolution mechanism for such disputes, excluding ordinary rent control remedies. The court found no repugnancy between the SEZ Act and KBLR Act due to their distinct legislative domains and purposes, applying the doctrine of pith and substance. The premises, being part of an Industrial Township, fall outside the KBLR Act's ambit per relevant state legislation. The respondent's attempt to evict under the KBLR Act was thus improper; instead, disputes must be resolved via SEZ Act arbitration. The petition was allowed, setting aside the impugned eviction order.
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