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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Entitlement to transmission of shares: legal heirs prima facie entitled to transmission where register and annual statements continue to record shares in deceased's name, sustaining maintainability under the statutory scheme and permitting registration of heirs. NCLT jurisdiction to examine transfer instruments: Tribunal may, on a prima facie basis in oppression and mismanagement proceedings, assess validity of gift deeds and related documents integral to the complaint as part of its summary jurisdiction; further factual enquiry reserved. Company duty in dematerialised context: company must process transmission under Articles and prescribed procedure for demat shares and register legal heirs on proper application.
Entitlement to transmission of shares: legal heirs prima facie entitled to transmission where register and annual statements continue to record shares in deceased's name, sustaining maintainability under the statutory scheme and permitting registration of heirs. NCLT jurisdiction to examine transfer instruments: Tribunal may, on a prima facie basis in oppression and mismanagement proceedings, assess validity of gift deeds and related documents integral to the complaint as part of its summary jurisdiction; further factual enquiry reserved. Company duty in dematerialised context: company must process transmission under Articles and prescribed procedure for demat shares and register legal heirs on proper application.
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