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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Fraudulent trading under s.66(1) IBC was alleged based on suspected round-tripping and non-genuine purchase transactions reflected in the corporate debtor's books. The deciding authority held that absence of purchase invoices, transport/delivery proofs, and supporting payment trails constituted strong circumstantial evidence of sham trading and fund diversion, undermining the claim that payments were in the ordinary course of business. It further held that managing directors, given their control over day-to-day operations, could be held liable where allegations were specific and remained unrebutted, and no breach of natural justice arose as replies were filed and hearing granted. The direction to contribute to the corporate debtor's assets was upheld and the appeal was dismissed - NCLAT
Fraudulent trading under s.66(1) IBC was alleged based on suspected round-tripping and non-genuine purchase transactions reflected in the corporate debtor's books. The deciding authority held that absence of purchase invoices, transport/delivery proofs, and supporting payment trails constituted strong circumstantial evidence of sham trading and fund diversion, undermining the claim that payments were in the ordinary course of business. It further held that managing directors, given their control over day-to-day operations, could be held liable where allegations were specific and remained unrebutted, and no breach of natural justice arose as replies were filed and hearing granted. The direction to contribute to the corporate debtor's assets was upheld and the appeal was dismissed - NCLAT
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