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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Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
Section 29A(5) applications to extend an arbitrator's mandate are maintainable even after the statutory eighteenmonth mandate has expired and even if an award was rendered after expiry; such postexpiry awards are unenforceable under Section 36 and need not be challenged under Section 34. The Court retains discretionary power to grant extensions only after scrutiny, and may impose conditions including substitution of arbitrators, reduction of arbitrator fees, and costs to correct misconduct. If extended, the tribunal will resume proceedings from the point of interruption. Courts must dispose of Section 29A(9) applications expeditiously (60 days).
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