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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Application under Section 7 of the IBC must disclose the necessary ingredients and materially conform to Form I, but insignificant omissions do not mandate rejection where supporting materials establish default. Debt restructuring and subsequent working capital consortium agreements that acknowledge past liabilities can renew the debt and reset the relevant date(s) of default, thereby extending limitation under the Limitation Act through acknowledgement; where such acknowledgement appears in balance sheets and executed agreements within the limitation period, the Section 7 filing is timely. Pendency of parallel proceedings or counterclaims, or allegations of mala fide purpose, do not automatically bar invocation of IBC. Appeal dismissed.
Application under Section 7 of the IBC must disclose the necessary ingredients and materially conform to Form I, but insignificant omissions do not mandate rejection where supporting materials establish default. Debt restructuring and subsequent working capital consortium agreements that acknowledge past liabilities can renew the debt and reset the relevant date(s) of default, thereby extending limitation under the Limitation Act through acknowledgement; where such acknowledgement appears in balance sheets and executed agreements within the limitation period, the Section 7 filing is timely. Pendency of parallel proceedings or counterclaims, or allegations of mala fide purpose, do not automatically bar invocation of IBC. Appeal dismissed.
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