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...
Functional comparability governs software-service benchmarking: dissimilar companies are excluded, while related-party filters, margins and working-ca...
Sections 397, 398 and 399 were construed in an equitable and remedial manner, so the expression "member" was not confined to formal entry in the register of members under Section 41(2). The SC accepted that Section 2(27) provides a wider membership framework and that strict insistence on register entry would defeat protection against oppression and mismanagement. On the facts, the company had consistently acknowledged the respondent's proprietary stake through correspondence, conciliation material, his appointment as Managing Director, rebranding linked to his concern, and acceptance of his investment. Those circumstances justified treating him as a member for the limited purpose of invoking the statutory remedy, and the appeals were dismissed.
Sections 397, 398 and 399 were construed in an equitable and remedial manner, so the expression "member" was not confined to formal entry in the register of members under Section 41(2). The SC accepted that Section 2(27) provides a wider membership framework and that strict insistence on register entry would defeat protection against oppression and mismanagement. On the facts, the company had consistently acknowledged the respondent's proprietary stake through correspondence, conciliation material, his appointment as Managing Director, rebranding linked to his concern, and acceptance of his investment. Those circumstances justified treating him as a member for the limited purpose of invoking the statutory remedy, and the appeals were dismissed.
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