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 SC set aside the impugned order and allowed the appeal, holding that the respondent's appeal was barred by limitation due to defective filing. The respondent e-filed the appeal with delay, without seeking condonation or exemption from submitting a certified copy of the impugned order as mandated under Rule 22(2) of the NCLAT Rules. The Court emphasized that while Rule 14 permits discretionary waiver in the interest of substantial justice, it does not confer an automatic right to dispense with procedural compliance, especially where no timely efforts are made. The NCLAT erred in ignoring these procedural deficiencies and the limitation defense raised by the appellant, thereby exceeding its jurisdiction. Proper institution of the appeal in strict conformity with statutory requirements is peremptory, and failure to do so renders the appeal non-maintainable.
The SC set aside the impugned order and allowed the appeal, holding that the respondent's appeal was barred by limitation due to defective filing. The respondent e-filed the appeal with delay, without seeking condonation or exemption from submitting a certified copy of the impugned order as mandated under Rule 22(2) of the NCLAT Rules. The Court emphasized that while Rule 14 permits discretionary waiver in the interest of substantial justice, it does not confer an automatic right to dispense with procedural compliance, especially where no timely efforts are made. The NCLAT erred in ignoring these procedural deficiencies and the limitation defense raised by the appellant, thereby exceeding its jurisdiction. Proper institution of the appeal in strict conformity with statutory requirements is peremptory, and failure to do so renders the appeal non-maintainable.
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