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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Bank's continued freezing of a company's accounts was held unjustified once the ROC, acting on MCA directions, had unmarked the "management dispute" flag; such ROC marking pertains to statutory compliances under company law and does not fetter ordinary banking operations, hence the bank had no basis to persist with the freeze and was bound to comply with the earlier defreezing direction. Former directors, whose oppression and mismanagement challenge had been dismissed and against which no appellate stay operated, were held to lack locus standi to object to account operations or seek recall/impleadment. The order suspending the defreezing direction and keeping contempt in abeyance, passed without reasons or a prima facie finding, was set aside and the appeal disposed. - HC
Bank's continued freezing of a company's accounts was held unjustified once the ROC, acting on MCA directions, had unmarked the "management dispute" flag; such ROC marking pertains to statutory compliances under company law and does not fetter ordinary banking operations, hence the bank had no basis to persist with the freeze and was bound to comply with the earlier defreezing direction. Former directors, whose oppression and mismanagement challenge had been dismissed and against which no appellate stay operated, were held to lack locus standi to object to account operations or seek recall/impleadment. The order suspending the defreezing direction and keeping contempt in abeyance, passed without reasons or a prima facie finding, was set aside and the appeal disposed. - HC
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