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 of the IBC was held inapplicable to proceedings for making attachment absolute under the MPID Act because the attached property was not a debt and no debtor-creditor relationship existed between the appellants and the State. The Court further held that the MPID Act and the IBC operate in distinct legislative fields, so Article 254(1) repugnancy did not arise and Section 238 of the IBC could not override the MPID Act. Applying the binding precedent in National Spot Exchange Ltd. v. Union of India, the Court rejected the challenge to the refusal of stay and dismissed the appeals, also imposing costs for repetitive litigation.
Section 96 of the IBC was held inapplicable to proceedings for making attachment absolute under the MPID Act because the attached property was not a debt and no debtor-creditor relationship existed between the appellants and the State. The Court further held that the MPID Act and the IBC operate in distinct legislative fields, so Article 254(1) repugnancy did not arise and Section 238 of the IBC could not override the MPID Act. Applying the binding precedent in National Spot Exchange Ltd. v. Union of India, the Court rejected the challenge to the refusal of stay and dismissed the appeals, also imposing costs for repetitive litigation.
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