Fair opportunity to an affected non-party in insolvency proceedings - Natural justice in insolvency proceedings -Consideration of pending Section 60(5) application before final determination of insolvency petition Requirement to determine the appellant's pending application under Section 60(5), seeking intervention and alleging collusive initiation of insolvency proceedings, before final adjudication of the Section 7 company petition - HELD THAT: - In the peculiar circumstances, the appel... ... ...

Successful resolution applicant-provident fund and gratuity dues - Statutory provident-fund interest Liability of a successful resolution applicant to discharge provident-fund and gratuity dues, with statutory interest, under an approved resolution plan- HELD THAT: - The Court proceeded on the settled position that provident-fund and gratuity dues are excluded from the liquidation estate and cannot be subjected to distribution under the waterfall mechanism. A successful resolution applicant i... ... ...

Period of Limitation for insolvency appeals - e-filing system failure - Actus curiae neminem gravabit Exclusion from the limitation period for an appeal under the Insolvency and Bankruptcy Code where e-filing was prevented by failure of the tribunal's OTP delivery system - HELD THAT: - Although the statutory timeline is to be strictly observed and the tribunal lacks power to condone delay beyond the outer condonable period, limitation runs only when the forum is open and capable of receiv... ... ...

Territorial jurisdiction under Article 226 - part cause of action in investigation into company affairs Territorial jurisdiction to entertain the challenge to an SFIO investigation into the affairs of a company having its registered office within the State - HELD THAT: - Territorial jurisdiction under Article 226 depends upon material and integral facts constituting the cause of action, and not upon the bare situs of a company's head office. However, an investigation into the affairs of t... ... ...

Appellate jurisdiction under the Customs Act - Directions against a non-appellant terminal operator Appellate jurisdiction under the Customs Act - Directions against a non-appellant terminal operator - Authority of the Commissioner (Appeals) to direct a terminal operator, which had not preferred the appeal, to implement a detention and demurrage waiver and refund demurrage charges. - HELD THAT: - The appellate jurisdiction is confined to an appeal by a person aggrieved by a decision or order ... ... ...

Transaction value of imported rechargeable batteries - grounds for rejection - Sequential customs valuation of imported rechargeable batteries - Confiscation and penalty for alleged undervaluation of imported rechargeable batteries Transaction value of imported rechargeable batteries - grounds for rejection - Sequential customs valuation of imported rechargeable batteries - Enhancement of the declared transaction value of imported rechargeable batteries on the basis of market inquiry, without... ... ...

Customs Broker licence revocation - proof of breach of statutory obligations - Customs Broker due diligence - importer's misdeclaration and KYC verification Sustainability of revocation of the Customs Broker licence, forfeiture of security and penalty for alleged failures in authorisation, due diligence, KYC verification and cooperation in clearing a misdeclared import consignment - HELD THAT: - Revocation could rest only on established statutory grounds and not on an apprehension of poss... ... ...

Anti-Dumping Duty on Castings forming part of wind turbine Gear Boxes - Extent of Anti-Dumping Duty under Notification No.42/2017-Customs (ADD) on wind turbine Gear Boxes containing Castings HELD THAT: - The Notification, issued pursuant to the recommendation for levy on Castings, covers Castings in raw, finished or sub-assembled form, including Castings forming part of a sub-assembly, equipment or component. Tribunal had interpreted the levy as confined to the Castings even where they for... ... ...

Exercise of writ jurisdiction against a customs penalty order where the statutory appeal was rejected for non-compliance with mandatory pre-deposit and a further appellate remedy was available HELD THAT: - The statutory scheme provides a complete mechanism for adjudication and appellate redressal. Although the availability of an alternative remedy is not an absolute bar to writ jurisdiction, such jurisdiction is ordinarily not exercised to bypass the statutory framework, particularly where ad... ... ...

Period of Limitation on statutory customs demand - Appropriation of voluntary customs duty deposit in settlement proceedings - Judicial review of settlement orders Appropriation in settlement proceedings of voluntarily deposited differential customs duty relating to imports beyond the five-year statutory demand period - HELD THAT: - The statutory limitation restricts the Department's power to initiate or enforce a fresh demand, but does not govern the appropriation in settlement proceedin... ... ...

Natural justice denied - no notice to interested banking company in benami adjudication - Secured creditor's mortgage - attachment and confiscation of benami property Denial of notice and opportunity to the mortgagee bank in proceedings for confirmation of attachment of benami property - HELD THAT: - The Tribunal found that the bank was aware of the pending adjudication, had sufficient opportunity to approach the Adjudicating Authority and place its response, but did not do so. The statut... ... ...

TP Adjustment - tolerance range for software sub-licensing services Transfer pricing - tolerance range for software sub-licensing services - Wholesale trading - one per cent tolerance range - Applicability of the three per cent tolerance range to the arm's length price of sub-licensing fees for software products - HELD THAT: - As the final dataset comprised four comparable companies, Rule 10CA(7) governed determination of the arm's length price. The notified one per cent variation app... ... ...

Arm's length determination of intra-group services - Entity-level benchmarking of interlinked manufacturing and trading transactions - Allowability of agronomy expenditure Intra-group management and IT support services - Arm's length price - Arm's length determination of management fees and IT support charges paid to associated enterprises for intra-group services - HELD THAT: - The Tribunal found that the associated enterprise had provided services to the assessee and that the cl... ... ...

TP Adjustment - Intra-group management and technical services-Proof of rendition and commercial expediency - Transfer pricing-Outstanding trade receivables from associated enterprise-Interest benchmarking Intra-group management and technical services - Benefit test - Commercial expediency - Arm's length determination of payments for stewardship/management and technical services received from the associated enterprise - HELD THAT: - The agreement, cost-allocation basis, invoices, email cor... ... ...

Scope of enquiry under section 12AB - Application of income outside India - Indigent Patients Fund Scheme compliance - Charitable hospitals charging fees and generating operational surplus - Retrospective cancellation of charitable registration Scope of enquiry u/s 12AB - Retrospective cancellation of charitable registration - Cancellation of section 12AB registration of a charitable healthcare institution on objections relating to application of income and regulatory compliance - HELD THAT: ... ... ...

Jurisdiction of PCIT (Central) over renewal of charitable registration - Judicial discipline in renewal proceedings - Scope of enquiry for renewal of charitable registration - Section 13 violations at registration stage Jurisdiction over renewal of charitable registration - Judicial discipline - Jurisdiction of the Principal Commissioner (Central) to reject renewal of charitable registration and consequential approval on the basis of material forming the subject of an earlier cancellation pro... ... ...

Successive application for charitable trust registration - Condonation of delay in Form No. 10AB application - Approval for charitable donations u/s 80G(5) Successive application for charitable trust registration - Condonation of delay in Form No. 10AB application - Maintainability and condonation of the delayed fresh Form No. 10AB application for final registration of a charitable trust after rejection of an earlier application solely as time-barred - HELD THAT: - Tribunal held that failure ... ... ...

Deduction for employee's EPF/ESI contribution under section 36(1)(va) - one-day delay in remitting employees' EPF/ESI contributions - portal-induced remittance delay Denial of Deduction for employee's EPF/ESI contribution where electronic remittance was delayed by one day because of EPFO portal and payment-gateway failures - HELD THAT: - Though remittance beyond the prescribed due date would ordinarily disentitle the assessee to deduction, the EPFO circular established that the po... ... ...

Processing of return - revised Tax Audit Report - Disallowance for non-deduction of tax at source - Form 26A - Double disallowance of the same expenditure - Additional evidence before first appellate authority - Set-off of brought forward losses Processing of return - revised Tax Audit Report - Consideration in processing u/s 143(1) of a revised Tax Audit Report and revised return filed after the prescribed due date but before processing of the return - HELD THAT: - The revised Tax Audit Repo... ... ...

Reassessment beyond four years after scrutiny assessment -failure to disclose fully and truly material facts - basis of information received from the Investigation Wing without independent application of mind by the learned Assessing Officer - admissibility of Additional jurisdictional ground HELD THAT: - The additional ground was admitted as it raised a pure question of law going to the assumption of reassessment jurisdiction and required no fresh factual enquiry. Where a scrutiny assessm... ... ...