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 HC partly allowed the petition challenging the arbitral award, setting aside that portion which held the imposition of the price reduction scheme (PRS) unjustified and directing release of retained PRS funds amounting to Rs. 8,97,18,347 to the claimant. The Court declined to reappraise merits, affirming that arbitration findings on factual issues, delay attribution, entitlement to interest and most counterclaims are immune from interference absent patent illegality or breach of natural justice. Limitation objections were held forfeited as not raised before the tribunal and, on merits, the claims were not time-barred. The award of interest and rejection of enhanced mesne profits were sustained for lack of evidentiary basis and failure to mitigate loss.
The HC partly allowed the petition challenging the arbitral award, setting aside that portion which held the imposition of the price reduction scheme (PRS) unjustified and directing release of retained PRS funds amounting to Rs. 8,97,18,347 to the claimant. The Court declined to reappraise merits, affirming that arbitration findings on factual issues, delay attribution, entitlement to interest and most counterclaims are immune from interference absent patent illegality or breach of natural justice. Limitation objections were held forfeited as not raised before the tribunal and, on merits, the claims were not time-barred. The award of interest and rejection of enhanced mesne profits were sustained for lack of evidentiary basis and failure to mitigate loss.
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