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 the Tribunal had jurisdiction to entertain an interim application filed by borrowers in pending SARFAESI proceedings challenging a Recovery Officer's order under the RDDBFI Act: the court held the RDDBFI Act and SARFAESI Act create separate, non-clubbable remedies; an appeal under s.30 RDDBFI would invoke s.30A deposit obligations, so borrowers impermissibly used SARFAESI proceedings to avoid statutory deposit. Because the Tribunal knowingly entertained the application despite the alternative remedy, its order was without jurisdiction and is set aside; the appeal is allowed. - AT
Whether the Tribunal had jurisdiction to entertain an interim application filed by borrowers in pending SARFAESI proceedings challenging a Recovery Officer's order under the RDDBFI Act: the court held the RDDBFI Act and SARFAESI Act create separate, non-clubbable remedies; an appeal under s.30 RDDBFI would invoke s.30A deposit obligations, so borrowers impermissibly used SARFAESI proceedings to avoid statutory deposit. Because the Tribunal knowingly entertained the application despite the alternative remedy, its order was without jurisdiction and is set aside; the appeal is allowed. - AT
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