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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The Lease Deed dated 24.09.2007 was held unenforceable because it was not executed by persons shown to be authorised to bind the purported grantors and because the Corporate Debtor failed to prove payment of the upfront consideration and lease rent; absence of bank debits and other admissible evidence defeated the claimed transfer of leasehold rights. The Adjudicating Authority may determine whether a claimed asset belongs to the Corporate Debtor and declare documents void or unenforceable, but it cannot conduct full trials on allegations of fraud or forgery; on these bases the disputed land and plant were excluded from the insolvency estate and the appeals dismissed.
The Lease Deed dated 24.09.2007 was held unenforceable because it was not executed by persons shown to be authorised to bind the purported grantors and because the Corporate Debtor failed to prove payment of the upfront consideration and lease rent; absence of bank debits and other admissible evidence defeated the claimed transfer of leasehold rights. The Adjudicating Authority may determine whether a claimed asset belongs to the Corporate Debtor and declare documents void or unenforceable, but it cannot conduct full trials on allegations of fraud or forgery; on these bases the disputed land and plant were excluded from the insolvency estate and the appeals dismissed.
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