Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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Dishonor of Cheque - vicarious liability of authorized signatory - There is no denial that stop payment was made. A plea has also been taken that Gurucharan Singh, who has signed the Cheque was neither Director nor authorized signatory of the Company on the date of issuance of Cheque. But nothing has been placed before this court in support of this plea and disclosed as to who was the authorized signatory and as to how and why the applicants were not responsible to the Company for conduct of the business of Company, whereas the applicant no.1 is the Company and applicants no.2 to 4 are the Directors of the Company. Therefore, it can not be said that they are not responsible. - HC
Dishonor of Cheque - vicarious liability of authorized signatory - There is no denial that stop payment was made. A plea has also been taken that Gurucharan Singh, who has signed the Cheque was neither Director nor authorized signatory of the Company on the date of issuance of Cheque. But nothing has been placed before this court in support of this plea and disclosed as to who was the authorized signatory and as to how and why the applicants were not responsible to the Company for conduct of the business of Company, whereas the applicant no.1 is the Company and applicants no.2 to 4 are the Directors of the Company. Therefore, it can not be said that they are not responsible. - HC
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