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 held that the sole arbitrator's mandate had automatically terminated on expiry of the statutory period under Section 29A(1) of the Arbitration and Conciliation Act, 1996, after exclusion of the Covid-19 period. As no application for extension was made before expiry, the arbitrator became functus officio and could not continue. SC ruled that the HC erred in merely extending the mandate instead of substituting the arbitrator under Section 29A(6). The impugned HC order was quashed, the existing arbitrator's mandate was declared terminated by operation of law, and a former HC judge was appointed as substituted sole arbitrator, directed to conclude proceedings within six months. Appeal allowed.
SC held that the sole arbitrator's mandate had automatically terminated on expiry of the statutory period under Section 29A(1) of the Arbitration and Conciliation Act, 1996, after exclusion of the Covid-19 period. As no application for extension was made before expiry, the arbitrator became functus officio and could not continue. SC ruled that the HC erred in merely extending the mandate instead of substituting the arbitrator under Section 29A(6). The impugned HC order was quashed, the existing arbitrator's mandate was declared terminated by operation of law, and a former HC judge was appointed as substituted sole arbitrator, directed to conclude proceedings within six months. Appeal allowed.
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