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 NCLAT upheld the impugned order directing appellants to pay respondents the total value of their shares at Rs.225 per share with 12% interest, dismissing the appeal. The tribunal rejected appellants' argument that dividend receipt precluded interest entitlement, affirming dividends are statutory rights and do not negate interest payable as per the final and binding NCLT order dated 24.06.2013. Respondents' challenge to valuation was held lawful, with no basis to disturb the NCLT's reasoned findings or permit further crystallization post the second valuation report. The tribunal emphasized the equitable principle that a profit-making company utilizing shareholder funds must refund the amount with interest. The decision reinforces that equity and inherent jurisdiction under Section 144 CPC mandate just compensation, including interest, to shareholders whose funds have been employed by the company.
The NCLAT upheld the impugned order directing appellants to pay respondents the total value of their shares at Rs.225 per share with 12% interest, dismissing the appeal. The tribunal rejected appellants' argument that dividend receipt precluded interest entitlement, affirming dividends are statutory rights and do not negate interest payable as per the final and binding NCLT order dated 24.06.2013. Respondents' challenge to valuation was held lawful, with no basis to disturb the NCLT's reasoned findings or permit further crystallization post the second valuation report. The tribunal emphasized the equitable principle that a profit-making company utilizing shareholder funds must refund the amount with interest. The decision reinforces that equity and inherent jurisdiction under Section 144 CPC mandate just compensation, including interest, to shareholders whose funds have been employed by the company.
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