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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This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent No. 3, Bhagawat Daulat Gawali, in his individual capacity, unconnected to the petitioners or the alleged business transaction between petitioner No. 1 (Bipin Lal Singh Pagar through his proprietorship firm) and respondent No. 2 (Tiger Logistics (India) Limited). The cheques were dishonored due to "Account Closed." Since petitioner No. 1 did not sign the cheques, he cannot be held liable u/s 138 of the Negotiable Instruments Act, 1881. Respondent No. 2's claim that the cheques were issued by respondent No. 3 on behalf of the petitioners may be grounds for a civil suit but not a complaint u/s 138. The petitioners, not being signatories, cannot be summoned in the complaint case u/s 138. The summoning orders against the petitioners are set aside, though proceedings may continue against Bhagawat Daulat Gawali in accordance with the law.
This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent No. 3, Bhagawat Daulat Gawali, in his individual capacity, unconnected to the petitioners or the alleged business transaction between petitioner No. 1 (Bipin Lal Singh Pagar through his proprietorship firm) and respondent No. 2 (Tiger Logistics (India) Limited). The cheques were dishonored due to "Account Closed." Since petitioner No. 1 did not sign the cheques, he cannot be held liable u/s 138 of the Negotiable Instruments Act, 1881. Respondent No. 2's claim that the cheques were issued by respondent No. 3 on behalf of the petitioners may be grounds for a civil suit but not a complaint u/s 138. The petitioners, not being signatories, cannot be summoned in the complaint case u/s 138. The summoning orders against the petitioners are set aside, though proceedings may continue against Bhagawat Daulat Gawali in accordance with the law.
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