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 HC quashed the summoning order and entire proceedings u/s 482 CrPC, allowing the application. It held that for an offence u/s 138 NI Act, the dishonoured cheque must represent a legally enforceable debt on the date of issuance and maturity. Since part payment was already made, the complaint u/s 138 could not be entertained. The complainant concealed the lawyer-client relationship and filed a malicious prosecution. Continuance would abuse the process of law and cause mental trauma. The HC found good ground to invoke inherent powers and quash the proceedings in the present facts and circumstances.
The HC quashed the summoning order and entire proceedings u/s 482 CrPC, allowing the application. It held that for an offence u/s 138 NI Act, the dishonoured cheque must represent a legally enforceable debt on the date of issuance and maturity. Since part payment was already made, the complaint u/s 138 could not be entertained. The complainant concealed the lawyer-client relationship and filed a malicious prosecution. Continuance would abuse the process of law and cause mental trauma. The HC found good ground to invoke inherent powers and quash the proceedings in the present facts and circumstances.
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