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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A post-disposal miscellaneous application cannot be used to recall a final non-speaking order dismissing an SLP once the Court has become functus officio; only narrow exceptions such as clerical correction or inability to implement executory directions may justify such relief, so the recall application was dismissed as not maintainable. Alleged suppression, fraud, and later insolvency developments could not be raised collaterally to unsettle final disposal in a different proceeding, though separate remedies before the competent forum remained open. In matters involving withdrawal under Section 12A of the IBC, the choice between settlement options falls within the Committee of Creditors' commercial wisdom, subject only to limited judicial review, so the Court declined to compare competing offers or interfere with that decision.
A post-disposal miscellaneous application cannot be used to recall a final non-speaking order dismissing an SLP once the Court has become functus officio; only narrow exceptions such as clerical correction or inability to implement executory directions may justify such relief, so the recall application was dismissed as not maintainable. Alleged suppression, fraud, and later insolvency developments could not be raised collaterally to unsettle final disposal in a different proceeding, though separate remedies before the competent forum remained open. In matters involving withdrawal under Section 12A of the IBC, the choice between settlement options falls within the Committee of Creditors' commercial wisdom, subject only to limited judicial review, so the Court declined to compare competing offers or interfere with that decision.
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