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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Dishonour of Cheque - whether filing of a premature complaint debars, filing of a fresh complaint when the time becomes ripe to file the complaint? - The High Court, referring the decision of supreme court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 stands on a different footing compared to other penal offences, and filing a second complaint is not barred if the first was filed prematurely. The court found no merit in the petitioner's arguments for quashing the criminal proceedings in Complaint Case No.568 of 2021. It upheld the validity of the learned Chief Judicial Magistrate's decision to take cognizance of the offence.
Dishonour of Cheque - whether filing of a premature complaint debars, filing of a fresh complaint when the time becomes ripe to file the complaint? - The High Court, referring the decision of supreme court held that the offence under Section 138 of the Negotiable Instruments Act, 1881 stands on a different footing compared to other penal offences, and filing a second complaint is not barred if the first was filed prematurely. The court found no merit in the petitioner's arguments for quashing the criminal proceedings in Complaint Case No.568 of 2021. It upheld the validity of the learned Chief Judicial Magistrate's decision to take cognizance of the offence.
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