Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Transfer pricing of interest on external commercial borrowings must be benchmarked on the correct factual and contractual terms for each year. For ECB1, the lender's assignment, change in jurisdiction, shift from floating to fixed interest for part of the year, and extension of maturity materially affected comparability, so the ALP issue was remitted for fresh determination. The RBI all-in-cost ceiling was held to be only a regulatory cap and a corroborative factor, not a substitute for ALP determination under transfer pricing rules. For ECB2, the Tribunal found incorrect use of floating-rate comparables and failure to consider the assessee's Bloomberg-based study, so the ALP was also set aside for fresh benchmarking.
Transfer pricing of interest on external commercial borrowings must be benchmarked on the correct factual and contractual terms for each year. For ECB1, the lender's assignment, change in jurisdiction, shift from floating to fixed interest for part of the year, and extension of maturity materially affected comparability, so the ALP issue was remitted for fresh determination. The RBI all-in-cost ceiling was held to be only a regulatory cap and a corroborative factor, not a substitute for ALP determination under transfer pricing rules. For ECB2, the Tribunal found incorrect use of floating-rate comparables and failure to consider the assessee's Bloomberg-based study, so the ALP was also set aside for fresh benchmarking.
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