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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HC held that the Resolution Professional qualifies as a "public servant" under the Prevention of Corruption Act, 1988, rejecting the contention that the role is merely administrative or non-adjudicatory notwithstanding supervision by the Committee of Creditors. The court observed that pendency of higher court proceedings does not justify inaction in investigation or prosecution and emphasized preservation of the investigatory window. The petition was disposed directing the second respondent to consider the file submitted by the first respondent for grant of sanction under the Act on its merits and communicate the decision within four weeks of receipt, and further directed that, within four weeks thereafter, the first respondent shall file the final report in accordance with law.
HC held that the Resolution Professional qualifies as a "public servant" under the Prevention of Corruption Act, 1988, rejecting the contention that the role is merely administrative or non-adjudicatory notwithstanding supervision by the Committee of Creditors. The court observed that pendency of higher court proceedings does not justify inaction in investigation or prosecution and emphasized preservation of the investigatory window. The petition was disposed directing the second respondent to consider the file submitted by the first respondent for grant of sanction under the Act on its merits and communicate the decision within four weeks of receipt, and further directed that, within four weeks thereafter, the first respondent shall file the final report in accordance with law.
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