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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Validation under Section 536(2) is exercised by the court to save bona fide interregnum dispositions: the court may "order otherwise" and validate transactions that are fair, expedient and in the interest of the company and its creditors, and the 2019 agreements were upheld on that ground. Insufficient stamping renders instruments inadmissible in evidence but is a curable defect and does not ipso facto render the agreements void, so the stamping objection was rejected. An irrevocable power of attorney creating an interest cannot be unilaterally revoked in liquidation and remained effective. External departmental correspondence did not nullify internal joint-venture arrangements acted upon and subsequently validated.
Validation under Section 536(2) is exercised by the court to save bona fide interregnum dispositions: the court may "order otherwise" and validate transactions that are fair, expedient and in the interest of the company and its creditors, and the 2019 agreements were upheld on that ground. Insufficient stamping renders instruments inadmissible in evidence but is a curable defect and does not ipso facto render the agreements void, so the stamping objection was rejected. An irrevocable power of attorney creating an interest cannot be unilaterally revoked in liquidation and remained effective. External departmental correspondence did not nullify internal joint-venture arrangements acted upon and subsequently validated.
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