Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act requires strict compliance with the statutory conditions: the complaint must specifically aver how a director was in charge of and responsible for the company's business. General statements that directors managed day-to-day affairs are insufficient, and the complaint must also disclose who signed the dishonoured cheque. As the petition contained only general allegations and no specific role, participation, or cheque-signatory details, the court held that continuation of the proceeding against the petitioner would be an abuse of process and quashed it.
Vicarious criminal liability of directors under Section 141 of the Negotiable Instruments Act requires strict compliance with the statutory conditions: the complaint must specifically aver how a director was in charge of and responsible for the company's business. General statements that directors managed day-to-day affairs are insufficient, and the complaint must also disclose who signed the dishonoured cheque. As the petition contained only general allegations and no specific role, participation, or cheque-signatory details, the court held that continuation of the proceeding against the petitioner would be an abuse of process and quashed it.
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