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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Recall under Rule 11 of the NCLT Rules was held confined to apparent procedural or similar infirmity in the order itself and could not be used to reopen a merits decision. The Tribunal treated a recall application based on later-discovered documents as a disguised attempt to seek review, which the Code does not permit, and held that subsequent material cannot justify recalling an order passed on merits. It also held that once the original section 9 order had been affirmed in appeal, it could not thereafter be reopened by recall. The appeal was dismissed and rejection of the recall application upheld.
Recall under Rule 11 of the NCLT Rules was held confined to apparent procedural or similar infirmity in the order itself and could not be used to reopen a merits decision. The Tribunal treated a recall application based on later-discovered documents as a disguised attempt to seek review, which the Code does not permit, and held that subsequent material cannot justify recalling an order passed on merits. It also held that once the original section 9 order had been affirmed in appeal, it could not thereafter be reopened by recall. The appeal was dismissed and rejection of the recall application upheld.
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