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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The High Court addressed the issue of interim compensation u/s 143A of the NI Act, 1881 for dishonored cheques. It emphasized the need for a prima facie evaluation of the complainant's claim and accused's defense to determine if interim compensation is warranted. The Court may refuse compensation if the defense seems plausible. The Court must also consider the appropriate quantum of compensation, not automatically awarding the upper threshold of 20% of the cheque amount. In this case, the accused claimed payment through cash and bank channels, supported by evidence. The Court noted the accused's dilatory tactics but emphasized that compensation aims to counter such delays. The Court found fault with the lower court's failure to consider the quantum of compensation, leading to the quashing of its order. The petition was allowed.
The High Court addressed the issue of interim compensation u/s 143A of the NI Act, 1881 for dishonored cheques. It emphasized the need for a prima facie evaluation of the complainant's claim and accused's defense to determine if interim compensation is warranted. The Court may refuse compensation if the defense seems plausible. The Court must also consider the appropriate quantum of compensation, not automatically awarding the upper threshold of 20% of the cheque amount. In this case, the accused claimed payment through cash and bank channels, supported by evidence. The Court noted the accused's dilatory tactics but emphasized that compensation aims to counter such delays. The Court found fault with the lower court's failure to consider the quantum of compensation, leading to the quashing of its order. The petition was allowed.
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