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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HC affirmed that in Section 138 NI Act cases, being quasi-criminal in nature ("civil sheep in criminal wolf's clothing"), courts can proceed with trial in accused's absence and dispense with Section 313 CrPC statement if the accused remains willfully absent without justification. The court upheld the Metropolitan Magistrate's conviction order, ruling that mandatory recording of Section 313 statements traditionally required in criminal trials is not strictly applicable to cheque dishonor cases. The absence of accused during evidence stage and non-recording of Section 313 statement does not vitiate trial proceedings when absence is unjustified. Both revision applications challenging the conviction were dismissed, confirming original sentence u/s 138.
HC affirmed that in Section 138 NI Act cases, being quasi-criminal in nature ("civil sheep in criminal wolf's clothing"), courts can proceed with trial in accused's absence and dispense with Section 313 CrPC statement if the accused remains willfully absent without justification. The court upheld the Metropolitan Magistrate's conviction order, ruling that mandatory recording of Section 313 statements traditionally required in criminal trials is not strictly applicable to cheque dishonor cases. The absence of accused during evidence stage and non-recording of Section 313 statement does not vitiate trial proceedings when absence is unjustified. Both revision applications challenging the conviction were dismissed, confirming original sentence u/s 138.
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