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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Arbitrator exceeded contractual scope by creating a non-existent clause to deduct shortfall in Minimum Guaranteed CENVAT Credit (MGCC) from invoices; the correct legal principle is that arbitrators must decide within the four corners of the contract and cannot add terms. The arbitrator wrongly treated the tax component as excluded from MGCC and failed to apply clause 14.5.2 correctly, which only denies reimbursement if documents to avail CENVAT are not produced. Because the arbitrator ventured beyond contractual terms and committed patent illegality, the arbitral award was set aside.
Arbitrator exceeded contractual scope by creating a non-existent clause to deduct shortfall in Minimum Guaranteed CENVAT Credit (MGCC) from invoices; the correct legal principle is that arbitrators must decide within the four corners of the contract and cannot add terms. The arbitrator wrongly treated the tax component as excluded from MGCC and failed to apply clause 14.5.2 correctly, which only denies reimbursement if documents to avail CENVAT are not produced. Because the arbitrator ventured beyond contractual terms and committed patent illegality, the arbitral award was set aside.
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