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 ruled that criminal proceedings under NI Act for cheque dishonor do not automatically abate upon accused's death during pendency of revision application. While no explicit definitions exist for fine or compensation in CrPC/IPC, compensation ordered under Sections 138/141 of NI Act is recoverable from deceased's estate similar to fine under Sections 421 and 431 CrPC. The Rs. 12 Lakh compensation awarded remains enforceable against the deceased's legal heirs through property auction/sale proceedings. Court directed substitution of legal representatives in place of deceased accused and held case would continue for recovery of compensation, treating it equivalent to fine for enforcement purposes. Application for substitution of legal heirs allowed.
HC ruled that criminal proceedings under NI Act for cheque dishonor do not automatically abate upon accused's death during pendency of revision application. While no explicit definitions exist for fine or compensation in CrPC/IPC, compensation ordered under Sections 138/141 of NI Act is recoverable from deceased's estate similar to fine under Sections 421 and 431 CrPC. The Rs. 12 Lakh compensation awarded remains enforceable against the deceased's legal heirs through property auction/sale proceedings. Court directed substitution of legal representatives in place of deceased accused and held case would continue for recovery of compensation, treating it equivalent to fine for enforcement purposes. Application for substitution of legal heirs allowed.
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