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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An NCLAT order was set aside where the Adjudicating Authority directed release of charge over the entire land and implementation of a resolution plan without hearing affected parties, without recording reasons, and without considering a subsisting interim order of the Appellate Tribunal. The Tribunal held that judicial propriety required the earlier status quo order to be taken into account, and that passing directions at the first hearing without objections, fair hearing, or application of mind breached audi alteram partem and natural justice. The impugned directions were quashed, and the matter was remitted for fresh consideration, if necessary, after accounting for the interim order.
An NCLAT order was set aside where the Adjudicating Authority directed release of charge over the entire land and implementation of a resolution plan without hearing affected parties, without recording reasons, and without considering a subsisting interim order of the Appellate Tribunal. The Tribunal held that judicial propriety required the earlier status quo order to be taken into account, and that passing directions at the first hearing without objections, fair hearing, or application of mind breached audi alteram partem and natural justice. The impugned directions were quashed, and the matter was remitted for fresh consideration, if necessary, after accounting for the interim order.
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