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...
The NCLAT disposed the appeal by remanding the matter for fresh consideration and directed referral to the President of the NCLT under Rule 60(3) and Section 419(5) for constitution of a three-member Bench to resolve a conflict between the Judicial and Technical Members' concurrent writings. The Tribunal observed the Judicial Member made an interim order absolute which the Technical Member did not, and that factual/legal questions regarding the JVA and assignment require detailed adjudication beyond summary proceedings under the Code. The appeal is therefore disposed by way of remand; parties are directed to appear before the NCLT President on 7 October 2025 for placement before the third Member.
The NCLAT disposed the appeal by remanding the matter for fresh consideration and directed referral to the President of the NCLT under Rule 60(3) and Section 419(5) for constitution of a three-member Bench to resolve a conflict between the Judicial and Technical Members' concurrent writings. The Tribunal observed the Judicial Member made an interim order absolute which the Technical Member did not, and that factual/legal questions regarding the JVA and assignment require detailed adjudication beyond summary proceedings under the Code. The appeal is therefore disposed by way of remand; parties are directed to appear before the NCLT President on 7 October 2025 for placement before the third Member.
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