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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Enforceability of a foreign judgment under the Code of Civil Procedure turned on reciprocity and exceptions to enforcement: the United Kingdom was a reciprocating territory and the English High Court decree was from a superior court, so the decree is executable. The court held objections based on alleged FEMA or RBI non-compliance cannot be raised for the first time in India where such issues were not argued before the foreign court; damages and interest awarded for breach of contract by a competent foreign court are not subject to FEMA/RBI ceilings or Master Direction-ECB limits, and the foreign decree did not fall within exceptions to enforcement.
Enforceability of a foreign judgment under the Code of Civil Procedure turned on reciprocity and exceptions to enforcement: the United Kingdom was a reciprocating territory and the English High Court decree was from a superior court, so the decree is executable. The court held objections based on alleged FEMA or RBI non-compliance cannot be raised for the first time in India where such issues were not argued before the foreign court; damages and interest awarded for breach of contract by a competent foreign court are not subject to FEMA/RBI ceilings or Master Direction-ECB limits, and the foreign decree did not fall within exceptions to enforcement.
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