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 plaint seeking declaration of ownership under a Will was held liable to rejection where a meaningful reading showed a benami and unlawful arrangement barred by statute and by the rule that agreements with unlawful objects are void. The Court held that the 2016 amendment to the benami law was curative and procedural, so the machinery for attachment, adjudication, confiscation and appeals applied retrospectively to earlier transactions, while penal consequences remained prospective. It further held that the fiduciary-capacity exception was narrowly confined and inapplicable on the pleaded facts, and that a person could not inherit through a Will while suppressing material facts relating to a murder accusation. The rejection of the plaint was restored.
A plaint seeking declaration of ownership under a Will was held liable to rejection where a meaningful reading showed a benami and unlawful arrangement barred by statute and by the rule that agreements with unlawful objects are void. The Court held that the 2016 amendment to the benami law was curative and procedural, so the machinery for attachment, adjudication, confiscation and appeals applied retrospectively to earlier transactions, while penal consequences remained prospective. It further held that the fiduciary-capacity exception was narrowly confined and inapplicable on the pleaded facts, and that a person could not inherit through a Will while suppressing material facts relating to a murder accusation. The rejection of the plaint was restored.
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