Section 80JJAA employee-cost deduction allowed for deployed staff but barred against transfer-pricing income enhancement, with pricing issues remanded...
Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
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SC upheld the arbitral award and HC's decision, holding that the transaction was a bill discounting facility, not a loan, rendering the Usurious Loans Act inapplicable. Relying on Section 31(7) of the Arbitration Act, SC affirmed party autonomy in stipulating interest, including high and compound interest, and held that the agreed 36% compound interest was not unconscionable, penal, or opposed to public policy. Section 74 of the Contract Act was found inapplicable to the enhanced interest clause, which was treated as a valid commercial bargain. The contra proferentem rule was rejected in light of clear contractual language. Appeal dismissed.
SC upheld the arbitral award and HC's decision, holding that the transaction was a bill discounting facility, not a loan, rendering the Usurious Loans Act inapplicable. Relying on Section 31(7) of the Arbitration Act, SC affirmed party autonomy in stipulating interest, including high and compound interest, and held that the agreed 36% compound interest was not unconscionable, penal, or opposed to public policy. Section 74 of the Contract Act was found inapplicable to the enhanced interest clause, which was treated as a valid commercial bargain. The contra proferentem rule was rejected in light of clear contractual language. Appeal dismissed.
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