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 SC affirmed the High Court's dismissal of the appeal, holding the instrument labelled a "Security Bond cum Mortgage Deed" is, in substance, a mortgage deed chargeable under Article 40 of Sch.1-B of the Indian Stamp Act, 1899, not falling within Article 57. The Court found the instrument transferred the appellant's interest in specified properties to the development authority to secure performance and payment obligations, thereby satisfying the statutory definition of mortgage. Article 57's second limb applies only to surety-executed securities; absent any surety and with the principal debtor executing the deed, Article 57 is inapplicable. The appeal was dismissed and the High Court orders upheld.
The SC affirmed the High Court's dismissal of the appeal, holding the instrument labelled a "Security Bond cum Mortgage Deed" is, in substance, a mortgage deed chargeable under Article 40 of Sch.1-B of the Indian Stamp Act, 1899, not falling within Article 57. The Court found the instrument transferred the appellant's interest in specified properties to the development authority to secure performance and payment obligations, thereby satisfying the statutory definition of mortgage. Article 57's second limb applies only to surety-executed securities; absent any surety and with the principal debtor executing the deed, Article 57 is inapplicable. The appeal was dismissed and the High Court orders upheld.
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