Revisionary jurisdiction cannot reopen share capital assessments where adequate inquiry supports a permissible view and no independent error is establ...
Reassessment jurisdiction fails where unverified portal information is aggregated without examining the taxpayer's explanation or relevance of entries...
Statutory sanction for delayed reassessment requires approval from the prescribed authority; approval by an inferior authority invalidates jurisdictio...
Transfer pricing margin adjustments require matching treatment of non-operating income and related costs, with comparability issues reconsidered on ev...
Preliminary-expense amortisation and MAT exempt-income adjustments prevailed, while trademark costs and managerial remuneration require fresh verifica...
Export valuation requires contemporaneous evidence; unrelated invoices cannot prove overvaluation, and dual penalties on firm and partner are impermis...
Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
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A complaint under Section 138 of the Negotiable Instruments Act filed through a power of attorney holder was not liable to fail merely because the complaint did not expressly plead the holder's direct personal knowledge. The Court treated the objection as an irregularity in institution, to be tested under Section 465 CrPC, and found no failure of justice because the complainant later entered the witness box, deposed to the transaction, and the accused had full opportunity to cross-examine. The conviction was therefore sustained. On sentence, the Court reduced the substantive custodial term in view of the nature and gravity of the offence, while maintaining the compensation and default clause, and substituted imprisonment till the rising of the court.
A complaint under Section 138 of the Negotiable Instruments Act filed through a power of attorney holder was not liable to fail merely because the complaint did not expressly plead the holder's direct personal knowledge. The Court treated the objection as an irregularity in institution, to be tested under Section 465 CrPC, and found no failure of justice because the complainant later entered the witness box, deposed to the transaction, and the accused had full opportunity to cross-examine. The conviction was therefore sustained. On sentence, the Court reduced the substantive custodial term in view of the nature and gravity of the offence, while maintaining the compensation and default clause, and substituted imprisonment till the rising of the court.
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