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...
Provisional attachment under the money-laundering regime was upheld because an interim order in the predicate criminal case did not amount to quashing, discharge, or acquittal, and therefore did not by itself invalidate a duly made attachment. The Tribunal also noted divergent views on a single-Member Adjudicating Authority coram, but treated the appeal as subject to the Supreme Court's final ruling on that question rather than allowing the objection outright. On proceeds of crime, it accepted that the definition includes the value of tainted property, so attachment may extend to property of equivalent value where the original assets have been laundered, siphoned off, or are otherwise unavailable, even if such property was acquired before the offence.
Provisional attachment under the money-laundering regime was upheld because an interim order in the predicate criminal case did not amount to quashing, discharge, or acquittal, and therefore did not by itself invalidate a duly made attachment. The Tribunal also noted divergent views on a single-Member Adjudicating Authority coram, but treated the appeal as subject to the Supreme Court's final ruling on that question rather than allowing the objection outright. On proceeds of crime, it accepted that the definition includes the value of tainted property, so attachment may extend to property of equivalent value where the original assets have been laundered, siphoned off, or are otherwise unavailable, even if such property was acquired before the offence.
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