Income-tax prosecution fails when appellate remand removes its factual foundation; directors require company arraignment for vicarious criminal liabil...
Capital character of assignment consideration prevents taxation as residuary income, while unsupported interest-related expenditure remains non-deduct...
Make-available condition shields regional support-service receipts from Indian taxation where no independent capability or permanent establishment exi...
Transfer-pricing treatment of corporate guarantees and convertible loans followed prior-year consistency, with taxable foreign dividends excluded from...
Transfer-pricing benchmarking confines adjustments to associated-enterprise transactions and integrates delayed receivables through TNMM working-capit...
Medical relief status protects government-contracted mobile healthcare from commercial classification, while provisional registration cancellation req...
Charitable registration cancellation requires proof that educational activities abandoned their objects; incidental receipts and retained surplus are ...
Separate arraignment of a sole proprietary concern is unnecessary for a cheque-dishonour complaint against its proprietor. Statutory vicarious criminal liability applies where the drawer is a juristic entity distinct from the individuals sought to be held responsible for its affairs. A sole proprietorship has no legal existence separate from its proprietor; use of a trade name or maintenance of a bank account in that name does not create a separate legal person. Accordingly, proceedings may continue against the proprietor in that capacity without impleading the proprietary concern separately, while questions concerning the underlying liability and defences remain for trial.
Separate arraignment of a sole proprietary concern is unnecessary for a cheque-dishonour complaint against its proprietor. Statutory vicarious criminal liability applies where the drawer is a juristic entity distinct from the individuals sought to be held responsible for its affairs. A sole proprietorship has no legal existence separate from its proprietor; use of a trade name or maintenance of a bank account in that name does not create a separate legal person. Accordingly, proceedings may continue against the proprietor in that capacity without impleading the proprietary concern separately, while questions concerning the underlying liability and defences remain for trial.
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