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 in favor of company directors, quashing criminal proceedings under NI Act for dishonored cheques. Court determined petitioners successfully demonstrated they were not responsible for company's business conduct when offense occurred. Following precedent from Rathish Babu Unnikrishnan case, HC found unimpeachable evidence at pre-trial stage showing directors lacked involvement in cheque transactions. Complaint failed to establish specific roles of directors or their control over business operations. Mere directorship was insufficient to trigger vicarious liability under Section 141 NI Act. Court emphasized requirement for clear evidence of direct responsibility in company management for criminal liability to attach. Petition allowed, proceedings against directors terminated.
HC ruled in favor of company directors, quashing criminal proceedings under NI Act for dishonored cheques. Court determined petitioners successfully demonstrated they were not responsible for company's business conduct when offense occurred. Following precedent from Rathish Babu Unnikrishnan case, HC found unimpeachable evidence at pre-trial stage showing directors lacked involvement in cheque transactions. Complaint failed to establish specific roles of directors or their control over business operations. Mere directorship was insufficient to trigger vicarious liability under Section 141 NI Act. Court emphasized requirement for clear evidence of direct responsibility in company management for criminal liability to attach. Petition allowed, proceedings against directors terminated.
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