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 petitioner was neither the signatory nor the proprietor of the firm that issued the cheques in question. Before summoning an individual to face criminal trial, the Magistrate must find prima facie legally admissible evidence attributing a role that constitutes a penal offense. In this case, the complainant did not provide evidence pointing to the petitioner's criminal liability regarding the cheque. As per the Supreme Court's ruling in Anil Hada v. Indian Acrylic Ltd., if the offense was committed by a company, it can be punished only if the company is prosecuted. If the payee opts to prosecute individuals, they can succeed only by showing the company committed the offense. Continuation of criminal proceedings would amount to an abuse of the process of law. The High Court invoked its inherent jurisdiction u/s 482 CrPC to quash the summons against the petitioner and all subsequent proceedings. The summoning orders against all petitioners were quashed and set aside, and the petition was allowed.
The petitioner was neither the signatory nor the proprietor of the firm that issued the cheques in question. Before summoning an individual to face criminal trial, the Magistrate must find prima facie legally admissible evidence attributing a role that constitutes a penal offense. In this case, the complainant did not provide evidence pointing to the petitioner's criminal liability regarding the cheque. As per the Supreme Court's ruling in Anil Hada v. Indian Acrylic Ltd., if the offense was committed by a company, it can be punished only if the company is prosecuted. If the payee opts to prosecute individuals, they can succeed only by showing the company committed the offense. Continuation of criminal proceedings would amount to an abuse of the process of law. The High Court invoked its inherent jurisdiction u/s 482 CrPC to quash the summons against the petitioner and all subsequent proceedings. The summoning orders against all petitioners were quashed and set aside, and the petition was allowed.
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