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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The Appellate Tribunal treated the square-off of receivables as a related party preferential transaction within the relevant look-back period under the insolvency framework. It found that the appellant, as director and key managerial person, controlled the entities involved, that the adjustment was recorded within two years of the insolvency commencement date, and that accounting entries could amount to transfer of property by extinguishing the corporate debtor's receivable. The Tribunal also rejected the ordinary course of business defence because the set-off bypassed banking channels, lacked authorisation, and selectively settled the appellant's dues while other creditors remained unpaid. The impugned transaction was therefore liable to be avoided.
The Appellate Tribunal treated the square-off of receivables as a related party preferential transaction within the relevant look-back period under the insolvency framework. It found that the appellant, as director and key managerial person, controlled the entities involved, that the adjustment was recorded within two years of the insolvency commencement date, and that accounting entries could amount to transfer of property by extinguishing the corporate debtor's receivable. The Tribunal also rejected the ordinary course of business defence because the set-off bypassed banking channels, lacked authorisation, and selectively settled the appellant's dues while other creditors remained unpaid. The impugned transaction was therefore liable to be avoided.
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