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 suit by an unregistered partnership firm was maintainable because the claim arose from non-gratuitous supply of goods, not from enforcement of a contractual right, so the bar under Section 69(2) of the Partnership Act did not apply. The court held that Section 70 of the Contract Act was satisfied: the goods were lawfully delivered, the defendant retained the benefit, and no agreement existed on essential terms such as price or credit, making the claim one for quantum meruit. The court also rejected objections to summary procedure and statement of truth, and accepted the invoices, e-way bills and GST records as proof of supply. The principal claim was decreed in full with simple interest at 9% per annum from the date of plaint till realisation.
A suit by an unregistered partnership firm was maintainable because the claim arose from non-gratuitous supply of goods, not from enforcement of a contractual right, so the bar under Section 69(2) of the Partnership Act did not apply. The court held that Section 70 of the Contract Act was satisfied: the goods were lawfully delivered, the defendant retained the benefit, and no agreement existed on essential terms such as price or credit, making the claim one for quantum meruit. The court also rejected objections to summary procedure and statement of truth, and accepted the invoices, e-way bills and GST records as proof of supply. The principal claim was decreed in full with simple interest at 9% per annum from the date of plaint till realisation.
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