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 Appellate Tribunal disposed of the appeal, holding that the NCLT possessed jurisdiction under Section 242(4) to pass interim orders regulating the company's affairs, but such orders must be predicated on cogent circumstances to secure substantial justice. The Tribunal upheld the NCLT's refusal to direct examination of time-barred (2015) records, criticised the impugned directive to appoint a forensic auditor to probe six years without adequate supporting material, and found the Respondent's claim of lack of access to financial statements frivolous. No finding of siphoning of funds, denial of information or lack of probity was made, and no winding-up or forensic mandate beyond permissible limitation was sustained.
The Appellate Tribunal disposed of the appeal, holding that the NCLT possessed jurisdiction under Section 242(4) to pass interim orders regulating the company's affairs, but such orders must be predicated on cogent circumstances to secure substantial justice. The Tribunal upheld the NCLT's refusal to direct examination of time-barred (2015) records, criticised the impugned directive to appoint a forensic auditor to probe six years without adequate supporting material, and found the Respondent's claim of lack of access to financial statements frivolous. No finding of siphoning of funds, denial of information or lack of probity was made, and no winding-up or forensic mandate beyond permissible limitation was sustained.
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