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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Validity of auction cancellation under the e-Auction Process Memorandum and IBBI Liquidation Regulations was examined: where a successful bidder fails to pay the balance within the prescribed period (including permitted extensions), the liquidator may cancel the sale and re-auction-cancellation was upheld. Clause 11 permitted forfeiture of the EMD for non payment and that forfeiture was sustained. Applying restitutionary principles to prevent unjust enrichment, the Tribunal held that retention of an additional 25% deposit could not be sustained where the liquidator recovered the same sale consideration in a subsequent auction, and directed refund of that deposit with interest.
Validity of auction cancellation under the e-Auction Process Memorandum and IBBI Liquidation Regulations was examined: where a successful bidder fails to pay the balance within the prescribed period (including permitted extensions), the liquidator may cancel the sale and re-auction-cancellation was upheld. Clause 11 permitted forfeiture of the EMD for non payment and that forfeiture was sustained. Applying restitutionary principles to prevent unjust enrichment, the Tribunal held that retention of an additional 25% deposit could not be sustained where the liquidator recovered the same sale consideration in a subsequent auction, and directed refund of that deposit with interest.
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