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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A company struck off the register remains liable for its statutory obligations and for payment of previously imposed penalties; the company therefore remains liable even after striking off. Directors can incur continuing personal liability arising from those obligations, and the appeal by the struck-off company was dismissed for failure to comply with the pre deposit requirement under Section 19(1) of FEMA, resulting in non entertainment of that appeal. Civil penalties under the relevant FEMA provision are payable regardless of mens rea; the tribunal applied that principle but granted proportional relief by reducing an individual director's penalty to Rs.100,000, with prior pre deposits adjusted against that reduced amount.
A company struck off the register remains liable for its statutory obligations and for payment of previously imposed penalties; the company therefore remains liable even after striking off. Directors can incur continuing personal liability arising from those obligations, and the appeal by the struck-off company was dismissed for failure to comply with the pre deposit requirement under Section 19(1) of FEMA, resulting in non entertainment of that appeal. Civil penalties under the relevant FEMA provision are payable regardless of mens rea; the tribunal applied that principle but granted proportional relief by reducing an individual director's penalty to Rs.100,000, with prior pre deposits adjusted against that reduced amount.
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