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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
SC set aside the impugned order and restored the petition for fresh adjudication, directing impleadment of the first-charge secured creditor as a respondent and permitting full pleadings and hearing. The Court observed admitted realizations from auctioned assets and the appellant's partial payment and undertaking, and instructed the High Court to determine, under Section 35 of the SARFAESI Act and Section 11(2) of the PF Act, the priority of the first-charge secured creditor vis-Ã -vis the anonymized statutory provident fund and other secured creditors. The matter is remitted for determination of entitlement to balance recovery and priorities among secured creditors after aforestated procedural opportunities.
SC set aside the impugned order and restored the petition for fresh adjudication, directing impleadment of the first-charge secured creditor as a respondent and permitting full pleadings and hearing. The Court observed admitted realizations from auctioned assets and the appellant's partial payment and undertaking, and instructed the High Court to determine, under Section 35 of the SARFAESI Act and Section 11(2) of the PF Act, the priority of the first-charge secured creditor vis-Ã -vis the anonymized statutory provident fund and other secured creditors. The matter is remitted for determination of entitlement to balance recovery and priorities among secured creditors after aforestated procedural opportunities.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4830 
Join Channel 
