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 SAT allowed the appeal, holding that disgorgement against the appellant is unsustainable because the appellant (lead manager) was implicated only in the initial stage of the fraud and not in the subsequent leg; accordingly the disgorgement direction is set aside as to the appellant. The Tribunal retained that a monetary penalty remains under consideration but found the impugned Rs. 67 crore penalty disproportionate given comparative precedents and the appellant's limited role, and directed the regulator to re-evaluate and re-quantify the penalty having regard to proportionality and parity. The restraint measures and other orders are modified to the extent inconsistent with this disposition.
The SAT allowed the appeal, holding that disgorgement against the appellant is unsustainable because the appellant (lead manager) was implicated only in the initial stage of the fraud and not in the subsequent leg; accordingly the disgorgement direction is set aside as to the appellant. The Tribunal retained that a monetary penalty remains under consideration but found the impugned Rs. 67 crore penalty disproportionate given comparative precedents and the appellant's limited role, and directed the regulator to re-evaluate and re-quantify the penalty having regard to proportionality and parity. The restraint measures and other orders are modified to the extent inconsistent with this disposition.
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