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 case - petitioner-accused failed to deposit the amount despite existence of legally enforceable debt/liability. No evidence led to rebut presumption u/ss 118 and 139 of Negotiable Instruments Act. Both lower courts meticulously dealt with all aspects. Factum of cheque issuance and signature undisputed. Defence of borrowing only Rs. 2,00,000/- and returning it not probablized through cogent evidence. Presumption rightly invoked as no probable defence raised despite opportunity. Complainant's evidence not contested regarding Rs. 6,50,000/- borrowed. Supreme Court's ruling in Laxmi Dyechem case applied - accused neither established probable defence nor contested legally enforceable debt/liability, attracting statutory presumption. No illegality in invoking Sections 118 and 139. Well-reasoned judgments by lower courts upheld based on evidence appreciation. Revision petition dismissed, petitioner directed to surrender and serve sentence if not already served.
Dishonour of cheque case - petitioner-accused failed to deposit the amount despite existence of legally enforceable debt/liability. No evidence led to rebut presumption u/ss 118 and 139 of Negotiable Instruments Act. Both lower courts meticulously dealt with all aspects. Factum of cheque issuance and signature undisputed. Defence of borrowing only Rs. 2,00,000/- and returning it not probablized through cogent evidence. Presumption rightly invoked as no probable defence raised despite opportunity. Complainant's evidence not contested regarding Rs. 6,50,000/- borrowed. Supreme Court's ruling in Laxmi Dyechem case applied - accused neither established probable defence nor contested legally enforceable debt/liability, attracting statutory presumption. No illegality in invoking Sections 118 and 139. Well-reasoned judgments by lower courts upheld based on evidence appreciation. Revision petition dismissed, petitioner directed to surrender and serve sentence if not already served.
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