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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Whether statutory authorities could undertake post-CIRP assessment and raise claims for interest and damages under Sections 7Q and 14B for a pre-CIRP period was determined by applying the moratorium under Section 14 of the IBC. Relying on binding precedent, it was held that once moratorium is in force, no assessment proceedings can be carried out and, consequently, no such claim can be raised even if the liability relates to a period prior to CIRP. On this legal basis, the rejection of the applicant's claim/application was upheld and the appeal was dismissed. - NCLAT
Whether statutory authorities could undertake post-CIRP assessment and raise claims for interest and damages under Sections 7Q and 14B for a pre-CIRP period was determined by applying the moratorium under Section 14 of the IBC. Relying on binding precedent, it was held that once moratorium is in force, no assessment proceedings can be carried out and, consequently, no such claim can be raised even if the liability relates to a period prior to CIRP. On this legal basis, the rejection of the applicant's claim/application was upheld and the appeal was dismissed. - NCLAT
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