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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Debt arising under a Del Credere Agent arrangement was held to qualify as "operational debt" under ss. 5(20)-5(21) IBC because the agent assumed responsibility for procurement, supply, invoicing, receipt of payments, and statutory compliance, and became financially liable to the supplier upon the corporate debtor's default, giving it an enforceable claim for amounts due; the admission of the s. 9 application was upheld. Objections based on absence of GST returns/e-way bills were treated as procedural and outweighed by invoices, delivery records, payment documents, and debtor admissions establishing supply and liability; privity objections failed as the arrangement operated as a tri-partite understanding by conduct and notification. Contempt was declined as the RP's clarifications were bona fide. Appeal dismissed - NCLAT
Debt arising under a Del Credere Agent arrangement was held to qualify as "operational debt" under ss. 5(20)-5(21) IBC because the agent assumed responsibility for procurement, supply, invoicing, receipt of payments, and statutory compliance, and became financially liable to the supplier upon the corporate debtor's default, giving it an enforceable claim for amounts due; the admission of the s. 9 application was upheld. Objections based on absence of GST returns/e-way bills were treated as procedural and outweighed by invoices, delivery records, payment documents, and debtor admissions establishing supply and liability; privity objections failed as the arrangement operated as a tri-partite understanding by conduct and notification. Contempt was declined as the RP's clarifications were bona fide. Appeal dismissed - NCLAT
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