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 ...
Wrongful treatment of an individual as a company's Principal Officer can undermine criminal prosecution for delayed deposit of tax deducted at source when the prosecution is founded on an incorrect assertion that the individual was a director. The show-cause notice, designation order, sanction and complaint must rest on accurate corporate status. Where the Department accepts that the accused was never a director, vicarious liability cannot be sustained on that premise; the prosecution was quashed on its particular facts without precedential effect.
Wrongful treatment of an individual as a company's Principal Officer can undermine criminal prosecution for delayed deposit of tax deducted at source when the prosecution is founded on an incorrect assertion that the individual was a director. The show-cause notice, designation order, sanction and complaint must rest on accurate corporate status. Where the Department accepts that the accused was never a director, vicarious liability cannot be sustained on that premise; the prosecution was quashed on its particular facts without precedential effect.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4891 
