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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Recusal by tribunal members must strictly conform to Rule 62 of the NCLT Rules, 2016 and cannot be founded on counsel's communications, allegations, or perceived pressure; since the recusals were unreasoned and appeared triggered by an email and courtroom conduct rather than any statutory ground, the recusal orders were held illegal and were quashed. Administrative transfer of pending matters cannot be used to alter a bench's territorial jurisdiction; Rule 16(d) empowers the President only to transfer cases within the same territorial limits, and where transfer objections were already pending on the judicial side, administrative transfer was improper. The administrative transfer orders shifting matters from Ahmedabad to Mumbai were set aside. - HC
Recusal by tribunal members must strictly conform to Rule 62 of the NCLT Rules, 2016 and cannot be founded on counsel's communications, allegations, or perceived pressure; since the recusals were unreasoned and appeared triggered by an email and courtroom conduct rather than any statutory ground, the recusal orders were held illegal and were quashed. Administrative transfer of pending matters cannot be used to alter a bench's territorial jurisdiction; Rule 16(d) empowers the President only to transfer cases within the same territorial limits, and where transfer objections were already pending on the judicial side, administrative transfer was improper. The administrative transfer orders shifting matters from Ahmedabad to Mumbai were set aside. - HC
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