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 Sections 17 and 18 of the RDB Act confer exclusive jurisdiction on the DRT to entertain bank recovery applications and bar all other courts, including in pending suits, and that Section 31 must be purposively read subject to that bar. The court concluded that a monetary claim assigned to a bank falls within the definition of "debt" under Section 2(g). Consequently, following the amalgamation of the original plaintiff into the present plaintiff bank, the subject suit fell within DRT jurisdiction and the trial court correctly transferred the matter to the DRT. The petition challenging transfer was dismissed with no order as to costs.
HC held that Sections 17 and 18 of the RDB Act confer exclusive jurisdiction on the DRT to entertain bank recovery applications and bar all other courts, including in pending suits, and that Section 31 must be purposively read subject to that bar. The court concluded that a monetary claim assigned to a bank falls within the definition of "debt" under Section 2(g). Consequently, following the amalgamation of the original plaintiff into the present plaintiff bank, the subject suit fell within DRT jurisdiction and the trial court correctly transferred the matter to the DRT. The petition challenging transfer was dismissed with no order as to costs.
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