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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Section 96 IBC's interim moratorium does not apply to attachment proceedings under the MPID Act because those proceedings are not "in respect of any debt" and the record lacks a debtor-creditor relationship; the MPID regime operates as a public law civil forfeiture aimed at protecting depositors, so its attachment of mala fide transferred property is outside the moratorium and the trial court rightly refused a stay. The MPID Act, being within State List competence, is not repugnant to insolvency law here and its attachment vests property in the State, excluding such assets from the insolvency moratorium; the appeal was dismissed with costs for dilatory prosecution.
Section 96 IBC's interim moratorium does not apply to attachment proceedings under the MPID Act because those proceedings are not "in respect of any debt" and the record lacks a debtor-creditor relationship; the MPID regime operates as a public law civil forfeiture aimed at protecting depositors, so its attachment of mala fide transferred property is outside the moratorium and the trial court rightly refused a stay. The MPID Act, being within State List competence, is not repugnant to insolvency law here and its attachment vests property in the State, excluding such assets from the insolvency moratorium; the appeal was dismissed with costs for dilatory prosecution.
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