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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SC allowed the appeal and, exercising jurisdiction under Art.142, declined to set aside the arbitral award; instead the Court validated the impugned sale deeds to avoid relitigation and third-party prejudice. The Company (Appellant) was penalized by forfeiture of security deposits of Rs.6.82 crores and directed to pay Rs.3.18 crores to the Respondents for completion works, aggregating Rs.10 crores. The Court held that delay in pronouncement alone does not automatically vitiate an award, but an unexplained undue delay that adversely affects tribunal findings can render an award contrary to public policy and patently illegal under s.34(2)(b)(ii)/s.34(2A), permitting interference. Parties anonymized.
SC allowed the appeal and, exercising jurisdiction under Art.142, declined to set aside the arbitral award; instead the Court validated the impugned sale deeds to avoid relitigation and third-party prejudice. The Company (Appellant) was penalized by forfeiture of security deposits of Rs.6.82 crores and directed to pay Rs.3.18 crores to the Respondents for completion works, aggregating Rs.10 crores. The Court held that delay in pronouncement alone does not automatically vitiate an award, but an unexplained undue delay that adversely affects tribunal findings can render an award contrary to public policy and patently illegal under s.34(2)(b)(ii)/s.34(2A), permitting interference. Parties anonymized.
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