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...
State tax dues in liquidation do not rank as secured debt unless a valid security interest exists under the Insolvency and Bankruptcy Code. Applying the waterfall mechanism in Section 53, the Tribunal held that the Excise and Taxation Department could not be treated at par with secured financial creditors, and that the Haryana Value Added Tax Act could not override the Code by virtue of Section 238. The liquidator's withholding of sale proceeds and insistence on an indemnity for a possible future change in law were held unsustainable. The withheld proceeds were directed to be distributed to the secured financial creditor that had relinquished its security interest.
State tax dues in liquidation do not rank as secured debt unless a valid security interest exists under the Insolvency and Bankruptcy Code. Applying the waterfall mechanism in Section 53, the Tribunal held that the Excise and Taxation Department could not be treated at par with secured financial creditors, and that the Haryana Value Added Tax Act could not override the Code by virtue of Section 238. The liquidator's withholding of sale proceeds and insistence on an indemnity for a possible future change in law were held unsustainable. The withheld proceeds were directed to be distributed to the secured financial creditor that had relinquished its security interest.
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